The Veteran's service-connected disabilities, including posttraumatic stress disorder, left knee instability, degenerative arthritis of the left knee associated with left knee instability, and degenerative disc disease of the cervical spine, do not meet the requisite schedular percentages for TDIU.
The deciding factor: The Veteran's combined rating for all his service-connected disabilities is 50 percent, which does not meet the percentage threshold requirements provided in 38 C.F.R. § 4.16(a) for consideration of entitlement to a total rating based on individual unemployability.
- Claimed conditions
- posttraumatic stress disorder, left knee instability, degenerative arthritis of the left knee associated with left knee instability, degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2009
- Citation
- 0920457
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 0920457.
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.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Denied
The Board denied restoration of the 30 percent ratings for left knee arthritis (flexion), left knee strain arthritis (extension), and left knee instability, as well as a 20 percent rating for left ankle chronic sprain. The Veteran's claims for increased ratings were also denied.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
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