13-04 289, 13-04 289

Veteran served active duty Jan 1996–Jul 2007 and separated while on Temporary Disability Retirement List (TDRL).
VA granted TDIU effective Feb 14, 2008; Veteran appealed seeking TDIU from an earlier date (prior to Feb 14, 2008).
From Jul 24, 2007–Feb 14, 2008 the Veteran’s service‑connected conditions included degenerative disc disease (post L4‑L5 fixation), depressive disorder with pain disorder, bilateral lower‑extremity radiculopathy, and status post right knee sprain, combined rating 40%.
Medical records (surgeries 2003–2007, nerve blocks, hardware removal, use of cane/wheeled walker) and a Dec 2007 VA exam documented constant severe pain, radicular symptoms, limited ambulation, and narcotic medications causing drowsiness.
SSA and Physical Evaluation Board records indicated disability from back and mental disorder and inability to perform even sedentary work since mid‑2004.
The Director of Compensation Services initially denied extraschedular TDIU; the Board reviewed the record and resolved doubt in the Veteran’s favor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to TDIU prior to Feb 14, 2008	Veteran: service‑connected disabilities rendered him unable to obtain or maintain substantially gainful employment from Jul 24, 2007	VA/Director: Veteran did not meet §4.16(a) schedular percent requirements; Director denied extraschedular referral	Granted: Board found extraschedular TDIU appropriate Jul 24, 2007–Feb 14, 2008 (resolved doubt for Veteran)

Bowling v. Principi, 15 Vet. App. 1 (2001) (Board may review Director of Compensation determinations)
Anderson v. Principi, 18 Vet. App. 371 (2004) (Board jurisdiction to review certain Director decisions)
Hatlestad v. Brown, 5 Vet. App. 524 (1993) (service‑connected disabilities alone can be sufficient to establish unemployability)
Van Hoose v. Brown, 4 Vet. App. 361 (1993) (definition of inability to perform acts required by employment)