The Board has remanded the case to refer the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for extraschedular consideration. The AOJ is directed to obtain an opinion from the Director of Compensation Service regarding this matter.
The deciding factor: The Veteran's service-connected bilateral ankle disabilities render him unable to secure and follow substantially gainful employment based on his educational and occupational history, but a referral to the Director of Compensation Service for extraschedular consideration is required.
- Claimed conditions
- left ankle arthritis, right ankle arthritis, right ankle scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2023
- Citation
- 23061208
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 23061208.
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 granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
- Dismissed
The appeal of the proposed reduction in PTSD rating from 70% to 50%, and for service connection claims related to various joints and diabetes mellitus type II, has been dismissed due to procedural issues. The Veteran withdrew his appeals.
- Granted
The Board has granted the Veteran's requests to reopen previously denied service connection claims for various joint conditions, including right ankle arthritis, left ankle arthritis, right shoulder pain, left shoulder pain, right knee arthritis, and left knee arthritis. The skin condition claim is remanded.
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