The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he failed without good cause to report for a necessary examination and that there was no evidence of unemployability as a result of his service-connected conditions.
The deciding factor: The veteran failed to report for a VA examination scheduled in conjunction with his TDIU claim, which required denial under the regulations. The Board also found insufficient evidence to support an award of TDIU based on his service-connected disabilities alone.
- Claimed conditions
- degenerative changes of the lumbar spine, soft tissue injury of the right hip, soft tissue injury of the left hip, residuals of a right fractured pubic ramus, acquired psychiatric condition (mild depressive disorder), right leg discrepancy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2008
- Citation
- 0824579
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 0824579.
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.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
- Dismissed
The Veteran withdrew the appeal for reductions in ratings for post operative left femur fracture with leg length discrepancy and chondromalacia residuals, and degenerative changes of the lumbar spine.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding the etiology of his ankle, knee, and leg disorders.
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