The Board denied a TDIU under 38 C.F.R. § 4.16(a) prior to April 17, 2012, and remanded the issue of entitlement to a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) prior to April 17, 2012, as well as the effective date for Dependents' Educational Assistance.
The deciding factor: The service-connected disabilities did not render the Veteran unemployable without regard to his age or nonservice-connected disabilities.
- Claimed conditions
- left knee degenerative arthritis, lumbar spine degenerative disc disease, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, left lower extremity femoral nerve radiculopathy, chronic left hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2025
- Citation
- 25008374
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 remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Denied
The Board denied earlier effective dates for the awards of service connection for various disabilities, including PTSD with other specified depressive disorder and multiple wrist and finger pain conditions.
- Granted
The Board granted an increased rating from 20 percent to 40 percent for the Veteran's right lower extremity sciatic nerve radiculopathy, finding that the evidence supports a rating of 40 percent based on moderate severe incomplete paralysis.
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