The Veteran's current combined disability rating is 70%, which does not meet the criteria for a TDIU. The Board finds that his service-connected disabilities, standing alone, are not of such severity as to effectively preclude all forms of substantially gainful employment.
The deciding factor: The Veteran's current combined disability rating is 70%, but he is currently employed and has undergone successful vocational rehabilitation, which indicates he can perform substantially gainful employment.
- Claimed conditions
- left knee laxity, degenerative disc disease of the lumbar spine, degenerative joint disease of the right knee, degenerative joint disease of the left knee, instability of the right knee, rheumatism of the right lower extremity, rheumatism of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 16, 2012
- Citation
- 1239340
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 1239340.
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.
- Granted
The Board has granted the Veteran's claim of service connection for a left knee meniscal tear and denied his request for an increased rating for left knee laxity.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
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