The Board has remanded the claim of entitlement to total disability for individual unemployability (TDIU) due to conflicting assertions regarding whether the Veteran requires more time to submit a VA Form 21-8940 and whether it is required at all. Further, a retrospective VA opinion must be obtained that provides an analysis of the Veteran's service-connected disabilities on his employability since June 2000.
The deciding factor: The Board found conflicting assertions regarding the Veteran's need for more time to submit the VA Form 21-8940 and whether it is required at all, necessitating remand.
- Claimed conditions
- PTSD, major vascular neurocognitive disorder with stroke residuals, voiding dysfunction, residual of prostate cancer, right lower extremity weakness (stroke residuals) associated with hypertension, left knee postoperative knee instability, right upper extremity weakness (stroke residuals), hypertension, left knee degenerative joint disease status post repair with residual loss of range of motion and pain associated with instability, tinnitus, slurred speech (stroke residuals), erectile dysfunction associated with voiding dysfunction, residual left knee scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064391
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 23064391.
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 Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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