The Veteran's service-connected disabilities, including epilepsy, lumbar spine arthritis, right knee instability and chondromalacia, do not render her unemployable prior to August 13, 2009.
The deciding factor: The Veteran's service-connected conditions are rated at levels that do not meet the schedular requirements for a TDIU, as their combined rating is less than 70% and none of them individually rate at least 40%. Additionally, her functional limitations due to obesity and osteoarthritis in her knees and spine do not prevent her from engaging in sedentary employment.
- Claimed conditions
- Epilepsy (petit mal, akinetic type), Degenerative arthritis of the lumbar spine, Instability of the right knee, Chondromalacia and degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 7, 2015
- Citation
- 1543180
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 1543180.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to service and granted service connection for this condition.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
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