The veteran's combined service-connected disability rating is at least 70 percent, meeting the criteria for a TDIU. However, he is not unemployable due to his service-connected disabilities as they do not prevent him from securing and following substantially gainful employment.
The deciding factor: The veteran has a combined rating of 70% or more but does not have evidence showing that his service-connected disabilities alone are disabling enough to preclude him from obtaining and maintaining all forms of substantially gainful employment consistent with his educational and occupational background.
- Claimed conditions
- residuals of left elbow injury with ulnar nerve involvement, residuals of splenectomy, residuals of fracture of the left humerus and scapula with degenerative joint disease, residuals of duodenal ulcer, residuals of bilateral pneumothorax, left hemothorax, and fractured ribs, residuals of scars on the right patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 8, 2007
- Citation
- 0735204
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 0735204.
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.
- Denied
The Board denied the Veteran's claims for a certificate of eligibility for specially adapted housing and special home adaptation grant due to his service-connected disabilities not meeting the criteria.
- Partly granted
The Veteran's service connection claims for residuals of splenectomy, diabetes mellitus type 2 (diabetes), and neuropathy of the right lower extremity have been denied.,Service connection was not granted for residuals of splenectomy due to lack of evidence of a current disability. Service connection was also denied for diabetes as it was not incurred in service or related to a service-connected condition. The Veteran's neuropathy claim was denied because there is no link between the right ankle injury and the current symptoms.
- Remanded (sent back)
The Board has remanded the claims of service connection for idiopathic thrombocytopenic purpura, anemia, residuals of splenectomy, and immune system disorder (depressed immune system) due to insufficient development. The gynecological claim remains denied.
- Remanded (sent back)
The Board has remanded the case due to incomplete documentation of informed consent forms for the hernia repair procedures. The Veteran is seeking compensation under 38 U.S.C. § 1151.
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