The veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.
The deciding factor: The combined rating for the veteran's service-connected conditions is 40 percent, which does not meet the percentage requirements set forth in 38 C.F.R. § 4.16(a) for consideration of a TDIU.
- Claimed conditions
- instability of the right knee, limitation of flexion of the right knee, limitation of extension of the right knee, calluses of the right foot, residuals of fracture of the left mandible, chondromalacia with bone spur of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 28, 2006
- Citation
- 0636924
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 0636924.
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 Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for limitation of extension of both the left and right knees for further development, including an adequate VA examination.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for right knee conditions due to insufficient medical evidence.
- Granted
The Veteran's service-connected disabilities, including left knee strain post meniscectomy with degenerative arthritis and ankylosis, degenerative disc disease lumbar spine with stenosis and disc bulge, limitation of extension of the right knee, chronic right knee strain, impairment of the knee, residuals of left fractured ribs, tinnitus, hearing loss, and a scar associated with the left knee, were productive of functional impairment which precluded substantially gainful employment from January 26, 2015 through September 21, 2017.
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