The Board has remanded the Veteran's TDIU claims for further development, including obtaining a VA opinion regarding his service-connected disabilities and their impact on employment. The case will be referred to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran does not meet schedular criteria for TDIU prior to January 28, 2014 due to lack of sufficient additional disability. From January 28, 2014, his combined rating is 90 percent and he meets schedular requirements for TDIU.
- Claimed conditions
- adjustment disorder with mixed depression and anxiety, chondromalacia of the right knee with mild degenerative arthritis, status post arthroscopy, chondral shaving and extensor realignment procedure and lateral release, mild scoliosis and spondylosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2023
- Citation
- 23045761
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 23045761.
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.
- Denied
The Board denied an evaluation higher than 50 percent for the Veteran's adjustment disorder with mixed depression and anxiety, as it did not cause occupational and social impairment worse than reduced reliability and productivity.
- Denied
The Board denied service connection for an adjustment disorder with mixed depression and anxiety, finding it less likely than not that the condition began in or was caused by active service.
- Granted
The Board granted service connection for hypothyroidism with Hashimoto's disease and an adjustment disorder with mixed depression and anxiety as secondary to the service-connected condition.
- Granted
The Board has determined that the Veteran's acquired psychiatric disorder, specifically adjustment disorder with mixed depression and anxiety, is related to his active duty service. Service connection for this condition is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.