The Veteran's combined disability rating is 50%, which does not meet the threshold requirements for a TDIU benefit. However, he is not unemployable due to his service-connected disabilities.
The deciding factor: The VA examination and opinion concluded that the Veteran's degenerative arthritis was at least as likely as not due to aging rather than his service-connected disabilities, thus preventing him from securing and following a substantially gainful occupation.
- Claimed conditions
- Fracture of the left tibia and fibula, Scar of the left index finger, Residuals of a fracture to the third finger of the right hand, Scar of the right leg, Scar of the left ilium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 2, 2010
- Citation
- 1028910
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 1028910.
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.
- Dismissed
The Veteran withdrew his appeals for service connection and higher ratings for various conditions, except for the left foot disability. The Board dismissed these appeals.
- Denied
The Veteran's service-connected left leg disability has been rated at 30% for limitation of flexion, but the extension remains limited to zero degrees and does not warrant a higher rating.
- Dismissed
The Board dismissed the appeal because the Veteran's Notice of Disagreement (NOD) was unclear and did not specify which issue(s) he wanted to appeal.
- Granted
The Board has granted an earlier effective date of January 7, 2018 for a 10 percent rating for the Veteran's scar of the right iliac crest, right hip, and right leg. This decision is based on evidence from a VA examination conducted on January 7, 2018.
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