The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral knee disorders, and to consider referral for extraschedular TDIU under 38 C.F.R. § 4.16(b).
The deciding factor: The Board identified pre-decisional duty to assist errors in scheduling the Veteran for a VA examination and failed to consider referral for extraschedular TDIU.
- Claimed conditions
- Acquired psychiatric disorder, Right shoulder disability, Cervical spine disability, Lumbar spine disability, Right wrist disability, Left knee disability, Right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2024
- Citation
- A24051373
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 A24051373.
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 the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
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