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
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.
- Partly granted
The Board denied several claims for increased ratings and service connection, but granted service connection for prostate cancer.
- Remanded (sent back)
The Board remands the claims for increased ratings of bilateral knee and ankle disabilities due to incomplete VA examinations.
- Partly granted
The Board granted service connection for tinnitus and an increased initial rating of 30 percent for gastroesophageal reflux disease with eosinophilic esophagitis, while denying increased ratings for chondromalacia patella of the left and right knees, a compensable rating for three surgical scars on the left lower extremity, major depressive disorder with anxious distress, and headaches. The Board also remanded several claims for further development.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
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