The Board has determined that the issue of TDIU was reasonably raised by the record and is now considered on its merits. The Veteran's service-connected lumbar spine conditions have led to a combined disability rating of 70 percent, but no single condition meets the schedular criteria for TDIU. A referral to the Director of Compensation Service is warranted for consideration of an extraschedular TDIU.
The deciding factor: The Board found that the Veteran's service-connected lumbar spine conditions have led to a combined disability rating of 70 percent, but no single condition meets the schedular criteria for TDIU. The Court noted evidence indicating occupational impairment and referred the matter to the Director of Compensation Service for consideration of an extraschedular TDIU.
- Claimed conditions
- lumbar spine conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2023
- Citation
- 23051173
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 23051173.
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.
- Remanded (sent back)
The Board remands the claims for lumbar spine, cervical spine, and thyroid conditions to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's lumbar spine conditions, which were previously remanded for further development.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's lumbar spine conditions are related to service. The case will be sent back for a new VA examination and opinion.
- Denied
The Veteran's claim for service connection for a left elbow condition is denied.,The effective date of the award of service connection for bilateral knee DJD is set at February 17, 2011.,The Veteran's claims for higher disability evaluations for right and left knee DJD are denied.,The Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU) from November 3, 2011.
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