The Veteran's service-connected disabilities do not meet the criteria for a TDIU based on their combined rating and individual disability ratings. The VA examiner found that his foot disabilities prevent him from engaging in physical employment, but he is still capable of sedentary work.
The deciding factor: The Veteran's combined disability rating does not meet the required percentage threshold for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- status post arthroscopy of the proximal phalanx, fourth digit, left foot, calluses of both feet, status post-surgery of the right calf with compartmental syndrome, with surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 1, 2016
- Citation
- 1608121
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 1608121.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The appeal for a higher disability rating for calluses of both feet is being remanded due to the need for additional medical records and further development. The Veteran's representative suggested extra-schedular consideration, which needs to be reviewed by VA's Director of Compensation Service.
- Remanded (sent back)
The Veteran's appeal for a higher disability rating for calluses of both feet is being remanded due to the need for additional evidence and development. The issue will be reconsidered after obtaining private podiatric treatment records.
- Remanded (sent back)
The Board has remanded the cases of service connection for calluses of both feet and bilateral plantar warts due to new evidence received since March 2003. The Veteran's current conditions are unclearly related to his in-service conditions.
- Denied
The Board found no evidence of a current hepatitis disability and denied service connection for hepatitis. The Veteran's calluses and gout were not related to his military service.
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