The Veteran's service-connected disabilities do not meet the threshold combined rating of 70 percent or more necessary to be considered for TDIU on a schedular basis. However, due to his current employment status and the conclusions of the September 2013 VA examination, the case is being remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration.
The deciding factor: The Veteran's combined disability rating is 40 percent, which does not meet the schedular criteria for TDIU. However, his current employment status and the conclusions of the VA examination indicate that he may be unemployable due to his service-connected disabilities.
- Claimed conditions
- right knee arthritis, internal derangement of the right knee, post-operative arthroscopy, medial meniscectomy and reconstruction of the quadriceps mechanism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 16, 2014
- Citation
- 1431979
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 1431979.
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.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Remanded (sent back)
The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for a right knee disability has been received. The AOJ should now consider secondary service connection in addition to the original claims.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
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