The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
The deciding factor: The combined disability rating is 60 percent, meeting the percentage requirements for a total disability rating with disabilities of both lower extremities. However, the VA and private examiners concluded that the veteran would be limited to sedentary employment due to his arthritis, which does not meet the criteria for unemployability.
- Claimed conditions
- left ankle fracture with degenerative joint disease, degenerative arthritis of right ankle, degenerative arthritis of the right hip, degenerative arthritis of the right first metatarsophalangeal joint and first proximal phalangeal joint of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 30, 2008
- Citation
- 0833624
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 0833624.
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 claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 16, 2014, as the evidence did not show that he was precluded from securing or following substantially gainful employment.
- Remanded (sent back)
The Board remands the issue of entitlement to TDIU prior to July 19, 2024 for additional development.
- Denied
The Board denied service connection for a right hip disability as the evidence did not support a finding that it was related to the Veteran's military service.
- Partly granted
The Board denied service connection for the veteran's left knee disorder, right knee disorder, hypertension, GERD, asthma, and a compensable disability rating for conjunctivitis. The claims for degenerative arthritis of the left hip, degenerative arthritis of the right hip, a higher disability rating for degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity were remanded.
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