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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1030479.
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: Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself clean and presentable, and manage his daily medications. The Board has granted entitlement to SMC(l).
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for his left hand scar, finding that it was clearly and unmistakably not aggravated by military service.
- Whole decision: Denied
The Veteran's claim for service connection for bilateral hearing loss was denied as there is no current disability.,PTSD was granted an initial rating of 70 percent, but not more than that. The Veteran did not meet the criteria for a higher rating.
- Whole decision: Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
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