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Remanded (sent back)

The Board has granted a TDIU effective January 10, 2019. However, the claim for TDIU prior to that date is remanded due to lack of schedular requirements.

The deciding factor: The Veteran does not meet the schedular requirements for TDIU under 38 C.F.R. § 4.16(a) as he does not have a single service-connected disability rated at 60 percent or more, or two or more disabilities with one disability rated at 40 percent or more, bringing the combined rating to 70 percent or more.

Claimed conditions
right elbow cubital tunnel syndrome, left elbow cubital tunnel syndrome, neuroma scar, left hand, tinnitus, residuals of cystic mass excision, right arm, pseudofolliculitis barbae
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
January 2, 2024
Citation
24000133

Veterans Law Judge

Thomas H. O'Shay

Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 24000133.

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.

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