The veteran's service-connected disabilities, including traumatic arthritis of the lumbar spine and a fractured left hip, do not render him unemployable due to their severity.
The deciding factor: The veteran's service-connected disabilities are rated at 40 percent combined, which is insufficient for a TDIU based on the criteria set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- Traumatic arthritis of the lumbar spine, Fracture of the left hip
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 15, 2000
- Citation
- 0006923
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. Search VA.gov for the original decision (opens in a new tab) using citation 0006923.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for an earlier effective date for PTSD is denied, and their lumbar spine disability remains at a 40 percent rating. The appeal to reopen the depressive disorder claim is dismissed.
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The Veteran's appeal is remanded for further development and readjudication due to the need for additional VA examinations, as well as consideration of extraschedular TDIU.
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The Veteran's claims for earlier effective dates and increased disability ratings are being remanded due to the need for additional medical examination. The TDIU claim is also inextricably intertwined with other issues.
- Remanded (sent back)
The Board has remanded the issue of a rating in excess of 10 percent for bilateral hearing loss from January 31, 2012, to June 14, 2018. The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment effective February 14, 2007.
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