The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The veteran's combined disability rating is 80%, which does not meet the criteria for a total rating based on individual unemployability due to service-connected disabilities.
- Claimed conditions
- mood disorder due to chronic pain with depressive features, right femoral neuropathy associated with right inguinal hernia repair, nonspecific ligamentous strain of the left knee with bursitis, nonspecific ligamentous strain of the right knee with bursitis, residuals of a right inguinal hernia repair, tender scar from hernia repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 5, 2008
- Citation
- 0838263
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 0838263.
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 Veteran's service-connected mood disorder due to chronic pain with depressive features and migraine and migraine variants, status post traumatic brain injury have not met the criteria for increased ratings as of February 27, 2016.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for his service-connected mood disorder and migraine conditions are being remanded due to the need for additional development, including obtaining medical records and scheduling a new VA examination.
- Whole decision: Granted
The Veteran's service-connected disabilities, including depression and neurological disorders, render him unemployable. The Board finds that a total disability rating based on individual unemployability is warranted for the entire appeal period.
- Whole decision: Granted
The Veteran's loss of bladder sensation, attributed to a hernia repair during active service, is found to have been incurred in service and service connection is granted.
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