The appeal for a TDIU is remanded to the Undersecretary for Benefits or the Director of Compensation Service for extraschedular consideration under 38 C.F.R. §4.16(b).
The deciding factor: There was sufficient evidence to substantiate a reasonable possibility that the Veteran may be unemployable due to service-connected disabilities, but the Board does not have the authority to assign an extraschedular TDIU in the first instance.
- Claimed conditions
- Left shoulder degenerative arthritis with acromioclavicular joint separation, Left knee tendonitis, Lumbosacral strain with degenerative disc disease, Tinnitus, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- A25034638
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 claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
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