09-50 999, 09-50 999

Veteran served on active duty Jan 1973–Jan 1975 and has additional reserve service.
He is service-connected for lumbosacral strain (back) and depressive disorder, with a combined 60% rating (40% back, 20% psychiatric as of prior Board action).
Initial RO denials (Nov 2006, May 2008) rejected increased back rating, psychiatric service connection, and TDIU; Board later granted 40% for back and service connection for depression, and remanded TDIU.
Veteran underwent VA examinations (Jan 2015) showing back limitations for heavy lifting/prolonged standing/walking/sitting and mental health findings indicating impaired reliability for sustained work.
The Board determined the Veteran does not meet schedular TDIU criteria under 38 C.F.R. § 4.16(a) but found evidence warranting extraschedular consideration under § 4.16(b).
The Board remanded the TDIU claim for referral to the Director of Compensation for extraschedular TDIU consideration and instructed readjudication after that referral and any needed development.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to TDIU	Veteran contends service-connected back and psychiatric disabilities render him unemployable	RO denied TDIU; argues schedular criteria not met and referral for extraschedular review required	Board remanded to refer for extraschedular TDIU consideration under 38 C.F.R. § 4.16(b) and to readjudicate after Director's action

Bowling v. Principi, 15 Vet. App. 1 (2001) (Board must refer cases that do not meet schedular criteria but are unemployable for extraschedular TDIU consideration)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence following a Board remand)