The Board found that the veteran's combined disability rating of 60% does not meet the minimum percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, even if the veteran's disabilities fail to meet the statutory requirements, this case may be referred for an extraschedular evaluation on the grounds that he is unable to secure and follow a substantially gainful occupation due to service-connected disabilities.
The deciding factor: The VA examinations did not find any functional impairment from the veteran's service-connected disabilities alone which would preclude his performance of substantially gainful employment.
- Claimed conditions
- osteoarthritis of the right and left elbow, right and left cubital tunnel syndrome, bilateral tinnitus, residuals of a right bunionectomy with degenerative arthritis, a low back strain, sinusitis, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 6, 2006
- Citation
- 0634188
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 0634188.
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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