The Veteran's service-connected disabilities, including a right ulna fracture with radial deviation and complete loss of radial and ulnar flexion, were found to be insufficient for the grant of TDIU due to his inability to secure or follow a substantially gainful occupation.
The deciding factor: The evidence did not demonstrate that the Veteran's service-connected disorders rendered him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- Right ulna fracture with radial deviation and complete loss of radial and ulnar flexion, Right ulna fracture with 45 degrees loss of pronation and 40 degrees loss of supination, and weakness of grip of the right hand, Scar on the left thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 19, 2009
- Citation
- 0939665
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 0939665.
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: Partly granted
The Veteran is seeking earlier effective dates for the grants of service connection for muscle weakness of the left elbow and forearm, Muscle Group V, a scar on the upper left arm, a scar on the left hip, and a scar on the left thigh. The claims are based on clear and unmistakable error in the rating decision of September 1964.
- Whole decision: Remanded (sent back)
The appeal is remanded for additional development, including providing the appellant with proper VCAA notice.
- Whole decision: Granted
The veteran's service-connected disabilities, including PTSD and multiple orthopedic issues, prevent her from maintaining substantial gainful employment. The Board has granted a TDIU rating.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.