Remanded (sent back)
The Board remands the claim for a total disability rating based on individual unemployability (TDIU) to schedule an appropriate VA retrospective examination and refer the case to the Director of Compensation and Pension Service for a retrospective opinion regarding whether the Veteran was unemployable from April 3, 2013, on an extraschedular basis due to his service-connected disabilities.
The deciding factor: The claim is remanded because the AOJ's failure to seek and obtain evidence regarding the claim for TDIU prior to October 27, 2023, represents a pre-decisional error in the duty to assist that must be corrected.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2025
- Citation
- A25108220
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