The Veteran's combined rating for his service-connected conditions is 60%, which does not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, he has not met the criteria for an extraschedular TDIU as set forth in 38 C.F.R. § 3.321.
The deciding factor: The Veteran's combined rating is less than 70% and does not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- migraine headaches, right knee instability, degenerative arthritic changes of the cervical spine, status-post anterior cruciate ligament (ACL) reconstruction of the right knee, corns, bilateral 5th toes, cholecystectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- August 9, 2013
- Citation
- 1325364
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 1325364.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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