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 assigned
- 70%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0914702.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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