The veteran's combined disability rating of 40 percent has never been greater than the minimum schedular criteria for TDIU, as he does not meet the required percentage standards set forth in 38 C.F.R. § 4.16(a).
The deciding factor: The veteran's combined disability rating is less than the minimum schedular criteria (40 percent) required to qualify for a total disability rating based on individual unemployability due to service-connected disabilities.
- Claimed conditions
- Lumbosacral strain, Partial amputation of left index finger, Cervical strain, Post concussion headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2005
- Citation
- 0534040
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 0534040.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
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