The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to December 3, 2012. The Board has remanded the case for further development including referral to the Director of Compensation Service for extraschedular TDIU consideration.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular requirements for a total disability rating based on individual unemployability prior to December 3, 2012. However, VA policy requires that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities be rated totally disabled.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Diabetes Mellitus, Type II, Left Ankle Scar, Bilateral Upper Extremity Neuropathy, Bilateral Lower Extremity Neuropathy, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063499
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 23063499.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- 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.
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