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
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (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 0634188.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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