The veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.
The deciding factor: The veteran's combined disability evaluation is 80 percent, which meets the schedular criteria for consideration of a TDIU rating under 38 C.F.R. § 4.16(a). However, there is no evidence showing he is unable to engage in sedentary employment due solely to his service-connected disabilities.
- Claimed conditions
- Left Total Knee Replacement, Osteoarthritis of the Right Knee associated with Left Total Knee Replacement, Bilateral Plantar Fasciitis associated with Left Total Knee Replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 16, 2008
- Citation
- 0843296
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 0843296.
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: Granted
The Veteran's left total knee replacement with left knee arthritis and scar, status post left knee arthroscopy, are granted a disability rating of 60 percent effective February 28, 2025.
- Whole decision: Denied
The Veteran's initial evaluations for left total knee replacement, left knee limitation of flexion, and painful left knee scar are all denied. The maximum rating for left total knee replacement is granted.
- Whole decision: Granted
The Board has granted increased ratings of 60 percent for the Veteran's left and right knee disabilities, effective from the date of the decision. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) is remanded.
- Whole decision: Dismissed
The appeals for a temporary total disability rating and a higher disability rating for left total knee replacement have been dismissed because the AOJ's decision was not issued prior to the filing of the Notice of Disagreement.
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