The Veteran's combined service-connected disabilities do not meet the minimum schedular criteria for a TDIU, and his employment is not prevented by these conditions alone.
The deciding factor: The Veteran's service-connected disabilities are rated at 10% each, resulting in a combined rating of 40%, which does not meet the 70% or more required under VA regulations for a TDIU on schedular grounds. The Director of the VA C&P Service denied an extraschedular TDIU based on his unemployability.
- Claimed conditions
- Right Knee Arthroscopy Residuals, Left Knee Lateral and Anterior Compartment Narrowing, Cervical Spine DDD with Stenosis, Lumbar Spine DDD with Stenosis, Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy, Left Little Finger Avulsion Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2012
- Citation
- 1200558
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 1200558.
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.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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