The veteran's combined disability rating is 60 percent, which does not meet the threshold requirements for a total disability evaluation based on individual unemployability as per VA regulations. Therefore, the claim of entitlement to a total disability evaluation based on individual unemployability must be denied.
The deciding factor: The veteran's combined disability rating (60%) is insufficient to satisfy the criteria set out in 38 C.F.R. § 4.16(a) for a total disability evaluation based on individual unemployability, as it does not meet the requisite percentage requirements or presence of additional disabilities.
- Claimed conditions
- Bilateral Achilles tendonitis with arch involvement, Neuropathy of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 25, 2003
- Citation
- 0313833
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 0313833.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted a separate initial rating of 10 percent for hypertension (as a complication of diabetes) effective November 17, 2023, and denied ratings in excess of the current levels for diabetes mellitus with retinopathy and gastroparesis, neuropathy of the left foot, and entitlement to a total disability rating due to individual unemployability.
- Whole decision: Remanded (sent back)
The Board remands the issues of entitlement to a separate rating for neuropathy of the left and right feet, as part of service-connected Achilles tendonitis, for further development.
- Whole decision: Denied
The Veteran's appeals for increased ratings were denied. His neuropathy of the right and left feet are rated at 20% and 10%, respectively, while his bilateral hearing loss is rated at 10%. The Veteran's PTSD with depressive symptoms continues to be rated at 30%. TDIU remains pending.
- Whole decision: Granted
The Veteran's bilateral pes planus with callosities and metatarsalgia was rated at 50 percent, the maximum available rating under Diagnostic Code 5276. The Board found that his symptoms were not severe enough to warrant a higher rating.
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