The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) is granted from November 22, 2022. The TDIU claim prior to that date remains pending and will be remanded for further development.
The deciding factor: The Veteran does not meet the schedular criteria for a TDIU prior to November 22, 2022, but his service-connected disabilities may still render him unemployable due to their combined effect. The claim is being referred for extraschedular consideration.
- Claimed conditions
- right upper extremity neuropathy, residuals of cold weather injury affecting right lower extremity, residuals of cold weather injury affecting left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2023
- Citation
- 23027079
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23027079.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability based on individual unemployability.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including SMC based on loss of use of the bilateral upper and lower extremities, as well as rating increases for various neuropathies. The AOJ is instructed to obtain an adequate opinion regarding whether the Veteran's service-connected conditions have manifested with the loss of use of his hands, legs, and feet.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Granted
The Veteran's diabetes mellitus type 2 and associated neuropathy in both upper and lower extremities are granted with a 60 percent disability rating, effective October 21, 2019.
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