The Veteran's service-connected disabilities do not meet the requisite schedular percentages for TDIU, and there is no evidence that he is unemployable due to his service-connected disabilities.
The deciding factor: The Veteran's combined rating of 60 percent 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
- lumbar disk disease, traumatic arthritis of the left ankle, complete bony ankylosis of the metatarsal phalangeal joint of the left great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 17, 2009
- Citation
- 0926824
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 0926824.
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: Remanded (sent back)
The Veteran's left foot condition, diagnosed as plantar fasciitis with callosities, is rated at 20 percent. The Board found that a higher rating is not warranted based on the current evidence.
- Whole decision: Remanded (sent back)
The Board has determined that the VA's carelessness, negligence, or lack of proper skill in providing post-surgical treatment for the Veteran's left leg and ankle condition proximately caused additional disabilities. The case is being remanded to allow for a thorough review of the medical records and an appropriate clinician's opinion.
- Whole decision: Granted
The Veteran's claim for service connection for lumbar disk disease, with right S1 radiculopathy, status post lumbar discectomy and laminectomy is granted. The Board found that the evidence was in approximate balance, granting the benefit of doubt to the Veteran.
- Whole decision: Remanded (sent back)
The Veteran's GERD is granted with a 30 percent rating for the entire period on appeal. The RO has remanded cases regarding increased ratings for his left and right knee DJD, as well as traumatic arthritis of both ankles.
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