The Veteran's service-connected disabilities prior to February 3, 2010 did not meet the schedular requirements for a TDIU rating. The Board has determined that there is a reasonable possibility of unemployability due to his service-connected disabilities and refers this matter to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's service-connected disabilities prior to February 3, 2010 did not meet the schedular requirements for a TDIU rating.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Left lower extremity radiculopathy with sciatic nerve involvement, Right lower extremity radiculopathy with sciatic nerve involvement, Tinnitus, Folliculitis, Allergic rhinitis, Bilateral ingrown toenails
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2023
- Citation
- 23053014
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 23053014.
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 service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
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