The Veteran's combined disability rating is only 30 percent and does not meet the schedular criteria for a total disability rating. The preponderance of the evidence does not show that her disabilities are severe enough to prevent her from engaging in substantially gainful employment.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU as they do not result in at least one disability rated at 60 percent or more, or two or more disabilities where at least one is ratable at 40 percent or more and there is sufficient additional disability to bring the combined rating to 70 percent or more.
- Claimed conditions
- Right Knee Arthritis, Right Knee Instability, Residuals of Cholecystectomy, Residuals of Appendectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2012
- Citation
- 1205101
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 1205101.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher rating prior to August 12, 2013 was denied as his right knee disability did not meet the criteria for a higher rating under Diagnostic Code 5003.,The Veteran's claim for a higher rating from April 1, 2016 was denied as he is already receiving the maximum allowable disability rating of 60 percent for total right knee replacement.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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