The Veteran's service-connected disabilities, in combination, do not meet the schedular requirements for assignment of a total disability rating based on individual unemployability.
The deciding factor: The Veteran's service-connected disabilities are rated as 30% each and add up to 70%, meeting the combined percentage requirement. However, her disabilities alone do not preclude substantially gainful employment.
- Claimed conditions
- post-operative herniated nucleus pulposus of L4-L5 and L5-S1 with sciatic neuritis, hysterectomy, incontinence, left salpingo-oophorectomy with right salpinjectomy, tender, post-surgical scar of the lumbar spine, recurrent urinary tract infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- July 17, 2009
- Citation
- 0926789
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 0926789.
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 has remanded the case due to a duty to assist error and needs additional medical opinions regarding the relationship between the Veteran's service-connected lumbar spine disability and his incontinence.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
- Denied
The Veteran's claims for service connection for various conditions, including a left wrist fracture, bilateral hearing loss, Type II diabetes, bilateral glaucoma, OSA, cervical disc herniation, and other musculoskeletal issues are denied.,Service connection is not established for any of the claimed conditions.
- Dismissed
The Veteran's appeal for earlier effective dates and increased ratings has been withdrawn by the Veteran's attorney, resulting in the dismissal of the appeal.
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