The Board remands the case for further development, including referral to the Director of Compensation Service for consideration of a TDIU on an extra-schedular basis prior to November 17, 2016.
The deciding factor: The evidence suggests that the Veteran's service-connected disabilities combined may have rendered him unemployable prior to November 17, 2016.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Anxiety disorder, Left knee degenerative joint disease (limitation of flexion and extension), Residuals, status post total right knee replacement, Left ankle strain, Plantar fasciitis of the left foot, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Traumatic cyst of the chin, Painful scar of the chin, Surgical scar from lumbar spine surgery, Left knee surgical scar, Right knee scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002590
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.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
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