The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability due to service-connected disabilities, as they only amount to a combined rating of 10 percent. The VA examinations and Social Security Administration records indicate that his employment difficulties are primarily due to non-service-connected conditions.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU as their combined rating is less than 40% with one disability rated at least 40%. The VA examinations and Social Security Administration records indicate that his employment difficulties are primarily due to non-service-connected conditions such as fibromyalgia, chronic low back pain, and depression.
- Claimed conditions
- Osgood-Schlatter's disease of the left knee, Residuals of a fracture of the middle phalanx of the left index finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 10, 2012
- Citation
- 1235104
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 1235104.
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 Board denied service connection for various conditions, including cervical spine disability, ocular migraines, neuropathy of bilateral upper and lower extremities, bilateral shoulder disability, low back disability, and Osgood-Schlatter's disease of the left knee. The Board found no evidence that these conditions were related to active service.
- Denied
The Board denied entitlement to a total disability rating due to individual unemployability (TDIU) because the Veteran's single service-connected left knee disability, rated at 30% and later 40%, does not meet the criteria for TDIU under schedular or extraschedular standards. The appeal is based on his inability to secure or follow substantially gainful employment due to his left knee disability.
- Granted
The Veteran's service-connected disabilities are of such severity that they preclude him from engaging in substantially gainful employment, and the Board has granted a TDIU for the entire appeal period.
- Remanded (sent back)
The Board has remanded the claims for Osgood-Schlatter's disease of both knees, headaches, visual floaters, bilateral hearing loss, degenerative disc disorder (DDD), photophobia, traumatic brain injury (TBI), and a neck condition due to outstanding VA treatment records.
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