The Veteran's service-connected disabilities did not meet the schedular criteria for a total disability rating based on individual unemployability, and there were no exceptional factors warranting referral for extra-schedular consideration.
The deciding factor: The Veteran had a combined evaluation of 50 percent, which does not meet the schedular criteria for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Intervertebral disc syndrome, Neuropathy of the superficial peroneal nerve, right lower extremity, Neuropathy of the superficial peroneal nerve, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910080
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.
- Partly granted
The Board granted service connection for intervertebral disc syndrome, resolving doubt in favor of the Veteran. The claims for obstructive sleep apnea, GERD, and headache disability were remanded for further development.
- Granted
The Board granted service connection for a back condition, including degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and bilateral lower extremity radiculopathy.
- Granted
The Board granted service connection for a lumbar spine disorder, namely lumbar spondylosis, lumbosacral strain with degenerative arthritis, and intervertebral disc syndrome as secondary to the Veteran's service-connected retropatellar syndrome, arthritis and meniscal strain, right knee.
- Remanded (sent back)
The Board remands the claims for service connection for hepatitis C and related conditions as they are inextricably intertwined.
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