The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability as his combined rating is only 60 percent, which does not satisfy the schedular requirements. The Board did not find sufficient evidence to grant TDIU due to the Veteran's service-connected conditions alone.
The deciding factor: The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation as his combined rating is 60 percent, which does not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU).
- Claimed conditions
- Chronic lumbar strain, Chronic obstructive pulmonary disease, Small lipoma of the right anterior abdominal wall
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 16, 2012
- Citation
- 1239312
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 1239312.
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 death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Dismissed
The Board dismissed the appeals pertaining to effective dates for increased ratings of chronic lumbar strain and LLE radiculopathy, finding that the Veteran did not properly opt into the AMA system.
- Denied
The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating higher than 20 percent for chronic lumbar strain, and denied other claims.
- Dismissed
Your appeal for service connection of chronic obstructive pulmonary disease has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.
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