The Board remands the Veteran's claim for a total disability based on individual unemployability (TDIU) to refer it for extraschedular consideration.
The deciding factor: The evidence suggests that the Veteran's service-connected disabilities have impaired his ability to obtain or maintain gainful employment, but the percentage requirements for TDIU under 38 C.F.R. § 4.16(a) are not met, so referral for extraschedular consideration is necessary.
- Claimed conditions
- Depression, Left upper extremity radiculopathy, Cervical spine condition, Tinnitus, Surgical scars, Scar with puncture wound residuals, Obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001862
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 granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
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