The Veteran's claims for TDIU and DEA prior to September 7, 2016 are remanded due to a failure to consider extraschedular TDIU on the merits.
The deciding factor: The AOJ did not refer the Veteran's claim for a TDIU for extraschedular consideration.
- Claimed conditions
- bilateral elbow disabilities, bilateral upper extremity ulnar neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2024
- Citation
- A24015223
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 A24015223.
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 Veteran is granted an effective date of June 22, 2019 for the award of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Denied
The Veteran's claims for service connection have been denied as the evidence does not support a finding of any current disability related to his military service.,Service connection has also been denied for other conditions, including obstructive sleep apnea and voiding dysfunction.
- Denied
The Board denied service connection for a left foot disability, right shoulder disability, neck disability, right knee disability, bilateral hip disabilities, and bilateral elbow disabilities as there is no evidence of these conditions in service or within one year following discharge from active duty, and the current conditions are not related to any aspect of service.
- Denied
The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.
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