The Veteran's service-connected left foot disorder does not meet the percentage requirements for a TDIU under the schedular criteria. The Board finds that referral to the Director of Compensation and Pension Services for extraschedular consideration is not warranted as there is no evidence indicating the Veteran is unemployable due to his service-connected disability.
The deciding factor: The Veteran's left foot disorder does not meet the percentage requirements set forth in 38 C.F.R. § 4.16(a) and therefore cannot be rated for TDIU under schedular criteria alone. The Board also found that referral to the Director of Compensation and Pension Services for extraschedular consideration is not warranted as there is no evidence indicating the Veteran is unemployable due to his service-connected disability.
- Claimed conditions
- left foot disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 23, 2014
- Citation
- 1432903
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 1432903.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Remanded (sent back)
The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for bilateral shoulder, hip, knee, ankle, foot, and back disorders. The underlying merits of these claims must be addressed by the AOJ.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, right foot disorder, and left foot disorder due to a lack of evidence showing that these conditions began during active service or were related to in-service injuries.
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