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
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.
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.
- Remanded (sent back)
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- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
- Denied
The Board denied an initial disability rating in excess of 50 percent for PTSD, finding the appellant's symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas.
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