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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1305014.
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.
- 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.
- 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.
- 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.
- 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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