The Veteran's service-connected disabilities, consisting of myositis of the posterior cervical muscles and left hand scar, do not meet the percentage standards set forth in 38 C.F.R. § 4.16(a) for a TDIU on a schedular basis. However, his case is referred to the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's combined service-connected disability rating is 30 percent, which does not meet the percentage standards set forth in 38 C.F.R. § 4.16(a) for a TDIU on a schedular basis.
- Claimed conditions
- myositis of the posterior cervical muscles, left hand scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 13, 2010
- Citation
- 1030479
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 1030479.
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
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- Dismissed
Your claims for service connection have been denied because your Notice of Disagreement was not filed within the one-year deadline after the August 2019 rating decision. The Board dismissed all your claims as untimely.
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