The Board has found that the Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU. However, due to her unemployability as a result of her service-connected disabilities, the case is being remanded to determine if she is entitled to an extraschedular TDIU under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- lumbar spine degenerative disc disease, left sciatic radiculopathy associated with lumbar spine DJD, right lower extremity radiculopathy, left fifth metatarsal fracture, heel spur, and plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2023
- Citation
- 23054269
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 23054269.
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 has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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