The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU and he is not unemployable due to his service-connected disabilities even when his employment history, educational and vocational attainment, and all other factors having a bearing on the issue have been considered.
The deciding factor: VA determined that the Veteran was capable of sedentary work with retraining, despite his service-connected back disability, which is sufficient to meet the schedular criteria for TDIU.
- Claimed conditions
- Degenerative disc disease and degenerative joint disease of the lumbar spine, Mood disorder with depressive features
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 11, 2013
- Citation
- 1305014
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 1305014.
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: Dismissed
The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his claims by his attorney in December 2020.
- Whole decision: Denied
The Veteran's low back disability is rated at 10 percent prior to July 2, 2010 and has not met the criteria for higher ratings.
- Whole decision: Granted
The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from January 3, 2007, to April 16, 2008. The evidence showed that the Veteran's service-connected conditions prevented him from securing and maintaining substantially gainful employment.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of service connection for back disability and increased rating for left knee disability prior to January 30, 2019. The claim for an increased rating for residuals of left total knee replacement from March 1, 2020 onwards is also remanded.
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