The Veteran's service-connected conditions do not prevent him from obtaining or retaining substantially gainful employment.
The deciding factor: The Veteran's service-connected disabilities, including his back condition and hand fractures, are rated at less than the required percentage for TDIU based on disability alone. His right hand condition does not preclude him from performing tasks that require fine motor dexterity, and his other conditions do not significantly impact his ability to work.
- Claimed conditions
- status post hemilaminectomy L4-5 herniated disc, fractured third and fourth metacarpals right hand, fracture of the eighth and ninth ribs, nasal fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 16, 2009
- Citation
- 0934775
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 0934775.
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.
- Denied
The Board denied service connection for diabetes and a compensable rating for bilateral hearing loss, while remanding several other claims including lumbar spine disability, lower extremity radiculopathy, allergic rhinitis, nasal fracture, hemorrhoids, and insomnia.
- Denied
The Veteran's nasal fracture is not rated higher than 10 percent, and the appeal for a greater rating is denied. The Veteran was previously assigned a 0 percent disability rating for his nasal fracture prior to May 5, 2023, but this has been increased to 10 percent effective May 5, 2023.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and nasal fracture due to additional development being warranted.
- Granted
The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine and radiculopathy in his right leg, prevent him from obtaining or maintaining substantially gainful employment. The Board has granted a TDIU on an extraschedular basis.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.