The Veteran's combined rating for his service-connected disabilities is less than total, but the criteria for a total disability evaluation based on individual unemployability due to service connected disorders have not been met. The preponderance of evidence shows that the Veteran is unemployable primarily as a result of the residual disability associated with his nonservice connected cerebrovascular accident.
The deciding factor: The Veteran's combined rating for his service-connected disabilities does not meet the minimum percentage requirements for a total disability evaluation based on individual unemployability due to service connected disorders, and there is no evidence that his service-connected disabilities alone render him unemployable.
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine, status post laminectomy, degenerative arthritis of the cervical spine, status post resection of the prostate, traumatic arthritis of the right ankle, status post right inguinal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 20, 2009
- Citation
- 0914702
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 0914702.
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 Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Whole decision: Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Whole decision: Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
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