The veteran's combined service-connected rating is 60 percent, which does not meet the requirements for a TDIU based on schedular criteria. The Board finds that his service-connected disabilities do not preclude him from engaging in substantially gainful employment.
The deciding factor: The veteran's combined service-connected disability rating of 60% does not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- right nephrectomy, adjustment disorder with headaches, status post left thoracotomy for metastatic lung cancer, status post right orchiectomy for nonseminomatous testicular cancer, neuroma and nerve entrapment of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 3, 2005
- Citation
- 0502627
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0502627.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's kidney cancer, right nephrectomy, and chronic kidney disease are found to be related to his exposure to herbicide agents in service. Service connection is granted.
- Granted
The Veteran's death is found to be related to or attributable to his military service, including as due to service-connected right nephrectomy and left pyelonephritis. The Board granted the claim for service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Veteran's kidney cancer with a right nephrectomy is being remanded for further evaluation, including consideration of albuminuria prior to November 14, 2021. The issues of increased rating and TDIU are also being remanded due to their inextricably intertwined nature.
- Remanded (sent back)
The Board has remanded the case due to an inadequate VA medical opinion regarding the relationship between the Veteran's renal cancer and his in-service exposure to herbicide agents. The Veteran is seeking service connection for his renal cancer with right nephrectomy, which he contends is related to his military service.
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