The veteran's service-connected disabilities, rated as 50 percent disabling when combined, do not preclude following a substantially gainful occupation.
The deciding factor: The evidence does not show an exceptional or unusual disability picture as would render impractical the application of the regular schedular rating standards for a TDIU.
- Claimed conditions
- Dysthymic Disorder, Lumbosacral Strain with Disc Space Narrowing, Residuals of a Left Inguinal Hernia Repair, Costochondritis of the Anterior Chest Wall, Benign Generalized Lymphadenopathy, Hemorrhoids, Operated
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905448
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 remands the issues of increased rating for back disability, service connection for sleep apnea, left heel, and hemorrhoids, as well as entitlement to a TDIU prior to August 1, 2025, for additional development.
- Dismissed
The Board dismissed the appeals for higher ratings on all claims due to untimely Notices of Disagreement.
- Denied
The Board denied the Veteran's claims for a total disability rating based on individual unemployability (TDIU) and special monthly compensation under 38 U.S.C. § 1114(s).
- Partly granted
The Board denied service connection for bilateral hearing loss and an initial compensable rating for hemorrhoids. However, the Veteran was granted a 50% rating prior to June 12, 2024, and a 100% rating from that date forward for his acquired psychiatric disability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.