The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and there is no evidence of an exceptional or unusual disability picture that would preclude securing substantially gainful employment. The Board finds that referral to the Director of Compensation and Pension Service for extraschedular consideration is not warranted.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, as his combined evaluation does not reach the required percentage threshold (30% in this case). The record shows that he has retired after 40 years of employment and subsequently had difficulty with employment due to knee problems. There is no probative evidence showing that these disabilities alone preclude him from securing substantially gainful employment.
- Claimed conditions
- degenerative joint disease of the right knee, removal of semilunar cartilage of the right knee, loss of extension of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2014
- Citation
- 1424099
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 1424099.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative joint disease of the left (non-dominant) shoulder, right knee, and left knee are being remanded due to a failure to issue a Supplemental Statement of the Case (SSOC).,The Veteran's claim for TDIU is also being remanded as it was denied in the most recent rating decision without an SSOC having been issued.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
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