The veteran's service-connected disabilities, alone, render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The veteran has significant knee conditions that impair his ability to ambulate and work in a labor field. His combined disability rating meets the schedular criteria for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Residuals of a total left knee replacement, Total right knee replacement as secondary to the left knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 19, 2008
- Citation
- 0816360
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a TDIU on an extraschedular basis from July 31, 2015 to October 23, 2017 and for the period from December 1, 2018. The claim for a rating in excess of 60 percent for residuals of a total left knee replacement under DC 5055 for the period from December 1, 2018 was dismissed.
- Partly granted
The Board granted the application to reopen the claim for service connection for a low back disorder and denied increased ratings for various knee conditions.
- Granted
The veteran's residuals of total right and left knee replacements were granted a 60 percent rating due to the limitation in flexion and extension, with pain being the major functional impact.
- Remanded (sent back)
The appeal is remanded for further development, including a more current examination to determine the severity of the veteran's left knee disability and consideration of extraschedular entitlement.
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