The veteran's service-connected disabilities, when taken in conjunction with his education and occupational experience, are insufficient to preclude his participation in all forms of substantially gainful employment.
The deciding factor: The veteran's nonservice-connected epilepsy plays a significant role in his inability to engage in substantially gainful employment.
- Claimed conditions
- residuals of laminectomy/diskectomy at the level of the 4th and 5th lumbar vertebrae with lumbosacral strain, residuals of total left knee arthroplasty, residuals of right total knee replacement with past medial meniscectomy and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 13, 2008
- Citation
- 0839084
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 0839084.
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 Board has remanded the case due to inadequate examination reports and the need for additional medical opinions regarding the Veteran's left knee disabilities, including their severity and impact on his ability to work.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his knee conditions and determine if they are secondary to a service-connected disability.,The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his right knee condition and determine if it is secondary to a service-connected disability.,The Veteran's claim for service connection for a low back disability, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical spine degenerative disc disease, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical radiculopathy of the right arm, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for TDIU is being deferred pending resolution of the above-mentioned claims.
- Dismissed
The Veteran's appeal has been withdrawn and is therefore dismissed.
- Granted
The Veteran's residuals of total left knee arthroplasty were found to more nearly approximate severe painful motion or weakness from November 1, 2007 to June 4, 2009, warranting a 60 percent evaluation.
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