The Board has determined that the RO's decision to terminate TDIU benefits effective June 1, 2006 was improper and restored the Veteran's TDIU rating.
The deciding factor: The RO failed to consider the provisions of 38 C.F.R. § 3.343(c) prior to terminating the TDIU award, which requires that actual unemployability be established by 'clear and convincing evidence.'
- Claimed conditions
- right sural nerve compression syndrome, lumbosacral strain with degenerative disc joint changes, left knee strain, right knee strain, status post right ankle cuboid fracture with exostosis removal, tonsillectomy, pilonidal sinus repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2010
- Citation
- 1041384
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 1041384.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the appeals for service connection of various conditions due to untimely filing of the appeal.
- Remanded (sent back)
The Veteran's claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
- Denied
The Veteran's initial evaluations for left knee strain, limitation of extension and flexion were both denied as the evidence did not show that his symptoms warranted a rating higher than 10 percent.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the merits as they have no jurisdiction.
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