The Veteran's claim for a TDIU was denied as her service-connected disabilities do not meet the schedular criteria, and an extra-schedular rating is also not warranted.
The deciding factor: The combined ratings of her service-connected conditions are 50% from February 21, 2006, which meets the minimum requirement for a TDIU under the schedular criteria. However, an extra-schedular rating was denied as there were no exceptional circumstances that would render inapplicable the use of the regular rating schedule.
- Claimed conditions
- lumbar sprain/strain with degenerative disc disease, cervical sprain/strain with degenerative disc disease, peripheral neuropathy of the right and left upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 21, 2013
- Citation
- 1316666
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 1316666.
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 Veteran's claim for Total Disability Rating Due to Individual Unemployability (TDIU) is granted, effective from November 4, 2016. The TDIU was previously denied prior to this date due to the Board's failure to consider whether his service-connected disabilities could be combined and considered 'one disability' under VA regulations.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded due to unclear notice and denial reasons. The Board finds the PCAFC decision did not clearly state which criteria were unmet, leading to a need for clarification.
- Whole decision: Denied
The Veteran's service-connected disabilities do not render him helpless or in need of regular aid and attendance, thus denying his claim for special monthly compensation based on housebound status or permanent need for aid and attendance.
- Whole decision: Granted
The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, which has been granted.
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