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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1239340.
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
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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