The Veteran's service-connected knee and back disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU on a schedular basis for the periods from February 1, 2011, and prior to March 17, 2011, and from July 1, 2011, forward. The case is REMANDED for extraschedular consideration of a TDIU due to his service-connected disabilities prior to December 15, 2009.
The deciding factor: The Veteran's service-connected knee and back disabilities are as likely as not preventing him from securing or following substantially gainful employment.
- Claimed conditions
- left total knee replacement, right total knee replacement, residuals, low back strain with degenerative spondylolisthesis, residuals, laceration, extensor end, left thumb, rheumatoid arthritis of the right knee, rheumatoid arthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 14, 2015
- Citation
- 1552210
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 1552210.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected conditions do not result in loss of use of the bilateral lower extremities, and therefore he is not entitled to special monthly compensation based on such.
- Granted
The Veteran is unable to secure or follow substantially gainful employment due to service-connected disabilities, and a TDIU is granted.
- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for bilateral total knee replacements due to insufficient evidence regarding their onset and relation to active service.
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