The Board has remanded the cases for further adjudication due to a failure to comply with VA's duty to assist and a prior remand order. The Veteran's service-connected disabilities do not meet the schedular rating criteria for a grant of TDIU under 38 C.F.R. § 4.16(a) throughout the period at issue.
The deciding factor: The Board found that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities and that TDIU benefits are not warranted because he is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- cervical spine disability, headaches, right hip disability, left hip disability, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- 23066518
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 23066518.
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 has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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