The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as there was an error in the duty to assist and AOJ errors.
The deciding factor: There were pre-decisional duty to assist errors and AOJ errors that need to be corrected before deciding the TDIU claim.
- Claimed conditions
- bilateral knee disabilities, back strain with spondylosis, tension headaches, retropatellar pain syndrome with degenerative arthritis (both knees), residuals of a right bunionectomy, tinnitus, peripheral neuropathy (both feet), pes planus (both feet), residuals of a fracture of the left great toe, residual scar on the left great toe and residual scar associated with a right foot bunionectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2024
- Citation
- A24037759
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 A24037759.
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 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.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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