The veteran's service-connected disabilities do not meet the threshold minimum percentage criteria for a TDIU, and there is no evidence to support an extra-schedular award. The Board finds that he does not qualify for a TDIU.
The deciding factor: The veteran's combined rating of 40% due to his service-connected disabilities does not meet the required threshold minimum percentage criteria (60% or more) for a TDIU, and there is no evidence to support an extra-schedular award under 38 C.F.R. § 4.16(b).
- Claimed conditions
- left clavicular fracture, left rib cage fracture, left ear scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 21, 2008
- Citation
- 0828409
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. Search VA.gov for the original decision (opens in a new tab) using citation 0828409.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claims for initial compensable and increased ratings for his left ear scar, finding that the evidence did not meet the criteria for a higher rating under the applicable VA disability rating criteria.
- Whole decision: Dismissed
The Board has dismissed the appeals for service connection and increased ratings due to a concurrent election of review options.
- Whole decision: Granted
The Veteran's service-connected disabilities preclude him from obtaining or maintaining substantial, gainful employment, and a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.
- Whole decision: Partly granted
The Board denied service connection for brain tumor, left knee instability, and left ear scar. However, it granted a 10 percent rating for the Veteran's left knee meniscectomy.
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