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
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Veteran's left knee disability is currently rated at 30 percent, effective August 30, 2022. The claim for a higher rating remains pending and will be remanded.
- Denied
The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.
- Granted
The Board has granted the Veteran's claim for service connection for bilateral knee disabilities, finding that her current knee conditions are aggravated by her service-connected lumbar spine disability.
- Dismissed
The Veteran withdrew his appeals for increased ratings in all four issues related to cervical spine, thoracolumbar spine, right elbow, and left knee conditions.
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