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
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 remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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