The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU, and referral for extraschedular consideration was not warranted as her employment during this period was due to personal reasons rather than her service-connected conditions.
The deciding factor: The Veteran's service-connected disabilities were rated at 20 percent combined, which met the requirement of one disability rated at 40 percent or more. However, she did not meet the schedular criteria for TDIU as her combined rating was less than 70 percent. The evidence showed that her employment during this period was due to personal reasons rather than her service-connected conditions.
- Claimed conditions
- Degenerative disc disease, L5-S1, Fibrocystic disease, status / post left breast biopsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 28, 2016
- Citation
- 1602723
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 1602723.
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.
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- Remanded (sent back)
The Veteran's claim for a higher initial rating for his back condition remains pending before the Board. The case is remanded due to unclear functional limitations reported in May 2021 opinion and need for clarification regarding the period of appeal.
- Granted
The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
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