The Veteran's claim for an extra-schedular rating and TDIU was denied. The Board found that the evidence did not support entitlement to an extra-schedular rating, as no unusual or exceptional disability picture had been demonstrated. For TDIU, the combined evaluation of 80% met the minimum requirements but the Veteran's service-connected disabilities were deemed insufficient for a finding of unemployability.
The deciding factor: The evidence did not support entitlement to an extra-schedular rating due to lack of unusual or exceptional disability picture and the Veteran's combined evaluation was sufficient for TDIU based on his service-connected disabilities.
- Claimed conditions
- Right foot and ankle (status post exostectomy, tarsal tunnel release, plantar fasciotomy, reflex sympathetic dystrophy, pes planus), Degenerative joint disease at C4-5 with cervical spondylosis, Scar of the medial aspect of the right ankle/top aspect of right foot, Chondromalacia patella of the left knee, Chondromalacia patella of the right knee, Chronic low back strain, Sinusitis, Tinea pedis and pseudofolliculitis barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 17, 2013
- Citation
- 1329792
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 1329792.
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 sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Whole decision: Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Whole decision: Dismissed
The Board dismissed the appeal because the appellant requested to withdraw their appeal.
- Whole decision: Denied
The Veteran's sinusitis was rated as noncompensable for the period prior to December 9, 2024. The Board found that the Veteran did not meet the criteria for a compensable rating based on the severity of his symptoms and lack of incapacitating episodes.
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