The veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied because his service-connected disabilities do not meet the minimum percentage requirements under 38 C.F.R. § 4.16(a).
The deciding factor: The veteran does not have a combined disability rating of at least 70% based on his service-connected disabilities, which are rated as 40% and 20% for lumbosacral spine and thoracic spine disabilities respectively.
- Claimed conditions
- lumbosacral spine disability, thoracic spine disability, post-operative fifth metatarsal disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2006
- Citation
- 0626464
Veterans Law Judge
Decisions by this judge: 407 · Granted: 23% (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 0626464.
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 Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
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