The Board remands the claims for a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits prior to October 26, 2018, as they are inextricably intertwined with an extraschedular TDIU claim.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and thus the issue is referred to the Director, Compensation Service, for extraschedular consideration.
- Claimed conditions
- Posttraumatic migraine headaches associated with residuals of TBI, Degenerative joint disease (DJD) of the left knee, Noncompensable left knee instability, Nystagmus associated with residuals of TBI, Other residuals of TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2025
- Citation
- A25058135
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.
- Granted
The Board granted a 20 percent rating for left knee limitation of motion, associated with degenerative joint disease (DJD) of the left knee.
- Partly granted
The veteran was granted increased ratings for his left and right knee disabilities, as well as separate ratings for instability of both knees, effective February 15, 2021. The veteran's TDIU claim from September 25, 2014, to February 12, 2021, was granted.
- Partly granted
The veteran's chronic eczema was rated at 30 percent, and his right and left knee DJD were each rated at 20 percent from February 27, 2007.
- Remanded (sent back)
The Board remands the case for an examination to determine the nature and etiology of any current psychiatric disorder, as well as to properly evaluate the current severity of the veteran's bilateral knee condition.
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