The Veteran's TDIU claim was raised in the context of his initial increased rating claim for lumbosacral strain. The Board found that he did not meet the schedular requirements for a TDIU as set forth in 38 C.F.R. § 4.16(a) prior to July 23, 2019. However, on remand, his claim should be referred to the Director of Compensation Service for extraschedular consideration for a TDIU.
The deciding factor: The Veteran's combined disability rating did not meet the required minimums for a schedular TDIU prior to July 23, 2019. However, he may still qualify for a TDIU on an extraschedular basis due to his service-connected disabilities placing him in a different category than other veterans with equal ratings.
- Claimed conditions
- prostate cancer, lumbosacral strain, PTSD, tinnitus, raticulopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- 24032114
Veterans Law Judge
Decisions by this judge: 241 · Granted: 35% (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 24032114.
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 of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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