The Veteran's service-connected disabilities do not render him unemployable, as his primary cause of unemployment is a nonservice-connected pulmonary disability. The combined evaluation for the service-connected conditions (scar and paralysis of the left radial nerve) meets the minimum schedular criteria for TDIU.
The deciding factor: The Veteran's service-connected disabilities are rated at 60% combined, meeting the minimum schedular criteria for TDIU. However, his unemployability is primarily due to a nonservice-connected pulmonary disability which limits his ability to work.
- Claimed conditions
- scar, left antecubital fossa, left arm, paralysis of the left radial nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 29, 2010
- Citation
- 1040666
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 1040666.
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
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Remanded (sent back)
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