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 assigned
- 50%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1316666.
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.
- 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.
- 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.
- 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.
- 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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