The Veteran's service-connected disabilities do not meet the statutory requirements for a TDIU as they combine to be 40 percent disabling, which is less than the minimum schedular criteria required.
The deciding factor: The combined rating of 40 percent does not meet the statutory requirement for a TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Depressive Disorder, Residuals of Compression Fractures at L1 and L3 (status post laminectomy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 15, 2016
- Citation
- 1601912
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 1601912.
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
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- Remanded (sent back)
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- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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