The Board remanded the Veteran's claim for TDIU for the period prior to August 20, 2021 for extraschedular consideration by the Director of Compensation Service. Although the Veteran did not meet schedular criteria under 38 C.F.R. § 4.16(a), evidence including a private vocational expert opinion indicated he may have been unemployable due to service-connected disabilities since at least January 1, 2014.
The deciding factor: The Board found sufficient evidence of record, particularly the private vocational expert opinion that the Veteran's service-connected conditions rendered him unable to work prior to August 2021, required a pre-decisional duty to refer the matter for extraschedular consideration under 38 C.F.R. § 4.16(b).
- Claimed conditions
- Chronic pain, Difficulty sleeping, Inability to focus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2025
- Citation
- A25017495
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.