The Veteran's combined rating for service-connected disabilities is 40%, which does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a). The Board will not refer the Veteran's TDIU claim for extraschedular consideration.
The deciding factor: The Veteran's disability ratings do not meet the criteria to qualify for TDIU under 38 C.F.R. § 4.16(a) and there is no reasonable possibility that referral for extraschedular consideration would aid in substantiating the claim.
- Claimed conditions
- degenerative joint disease of the left knee, chondromalacia patella of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 25, 2010
- Citation
- 1019230
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 1019230.
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 Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for left knee strain and chondromalacia patella of the right knee, finding that these conditions were aggravated during active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative joint disease of the left (non-dominant) shoulder, right knee, and left knee are being remanded due to a failure to issue a Supplemental Statement of the Case (SSOC).,The Veteran's claim for TDIU is also being remanded as it was denied in the most recent rating decision without an SSOC having been issued.
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