The Veteran's service-connected disabilities, including hepatitis C, status-post left femur fracture with avascular necrosis of the left hip, and back condition associated with the hip disability, have rendered him unable to secure or follow a substantially gainful occupation since January 2005.
The deciding factor: The combined rating for his service-connected disabilities was at least 50% prior to October 6, 2011, which is sufficient to meet the criteria for TDIU on an extraschedular basis.
- Claimed conditions
- Hepatitis C, Status-post left femur fracture with avascular necrosis of left hip with one-half inch shortening, Back condition associated with status-post left femur fracture with avascular necrosis of left hip with one-half inch shortening
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 5, 2013
- Citation
- 1318380
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 1318380.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Partly granted
The Veteran's depressive disorder is granted as service-connected, with the Board finding it related to his active duty service and aggravated by his service-connected tibia fractures. The claim for hepatitis C is remanded due to inadequate medical opinions regarding its etiology.,Service connection for depressive disorder is established based on direct evidence of a current disability (depressive disorder) that was incurred during active duty service.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
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