The Veteran's combined rating for his service-connected disabilities is 60 percent, which meets the minimum percentage rating required for consideration of assignment of TDIU. However, he does not meet the criteria for a TDIU as his service-connected disabilities do not render him unemployable.
The deciding factor: The VA examinations and medical opinions indicate that the Veteran's multiple skeletal conditions (service connected and nonservice connected) rendered him unemployable for any type of occupation, but the 2012 VA examiner specifically opined that the Veteran's service-connected right foot and knee disabilities do not impact his ability to work.
- Claimed conditions
- residuals of right foot injury with postoperative scar and arthritis, right total knee arthroplasty, right thigh scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 7, 2013
- Citation
- 1318587
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 1318587.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including obstructive sleep apnea, migraines, chronic sinusitis, tinnitus, allergic rhinitis, gastroesophageal reflux disease (GERD), and a right thigh scar, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the claim for individual unemployability (TDIU).
- Denied
The Veteran's service-connected conditions do not result in loss of use of the bilateral lower extremities, and therefore he is not entitled to special monthly compensation based on such.
- Dismissed
The Veteran has withdrawn his appeals regarding the right thigh scar, left temporal region laceration scar, and left index finger scar claims.
- Granted
The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, and his service-connected conditions rendered him unable to follow a substantially gainful occupation. The effective date is from February 10, 2019, to May 6, 2020.
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