The veteran's service-connected disabilities are not of such severity to preclude substantially gainful employment, and he does not meet the criteria for a total disability rating based on individual unemployability.
The deciding factor: The veteran's combined disability rating is 70%, which meets the minimum schedular requirements for a TDIU under 38 C.F.R. § 4.16(a). However, his service-connected disabilities alone do not prevent him from engaging in substantially gainful employment due to additional nonservice-connected medical problems and age.
- Claimed conditions
- major depression associated with levator scapula muscle syndrome, levator scapula muscle syndrome, chondromalacia patella, residuals of burns, shoulder, chest and back, pterygium, left eye, athletes feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 22, 2007
- Citation
- 0715188
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 0715188.
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's appeal for service connection on all issues was dismissed due to the Veteran withdrawing their appeal for sexual intercourse problems/erectile dysfunction during a hearing before the Board. The other claims were not decided as they lacked current diagnoses.
- Remanded (sent back)
The Veteran's claim for increased ratings for chondromalacia patella, patellofemoral pain syndrome right is remanded due to a duty-to-assist error in the evaluation of his service-connected knee disability.
- Denied
The Board denied an earlier effective date for the grant of service connection for left knee osteoarthritis, meniscal tear, and chondromalacia patella, finding that the Veteran's claim was not entitled to such a retroactive effective date due to lack of new and material evidence submitted within one year of the February 2015 rating decision.
- Granted
The Board has granted service connection for right knee degenerative arthritis with chondromalacia patella with meniscal tear and right knee instability, finding that the evidence is at least evenly balanced as to whether these conditions began in service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.