The Veteran's claim for a TDIU was denied because he did not meet the threshold percentage requirements under 38 C.F.R. § 4.16(a) and his case was referred to the Director of Compensation and Pension Service for consideration on an extra-schedular basis under 38 C.F.R. § 4.16(b). The Director determined that a TDIU is not warranted on an extra-schedular basis.
The deciding factor: The Veteran's combined rating was 60%, which did not meet the threshold percentage requirements for a schedular TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- asthma, low back disorder, left shoulder disorder (postoperative non-dominant), residuals of right knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 24, 2012
- Citation
- 1229273
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 1229273.
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
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- Whole decision: Remanded (sent back)
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- Whole decision: Denied
The Board denied the Veteran's claims of service connection for low back disorder, skin disorder, tongue condition, right chest costochondritis, and right hand shaking due to lack of evidence linking these conditions to his military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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