The Veteran's combined rating for his service-connected disabilities is 50%, which does not meet the schedular criteria for a TDIU. However, he may be unemployable due to nonservice-connected conditions (tremors, anxiety, psychotic disorder, major depressive disorder, cardiac conditions). The Board finds that this unemployability is not related to his service-connected disabilities and thus denies the claim.
The deciding factor: The Veteran's combined disability rating does not meet the schedular criteria for a TDIU. However, he may be unemployable due to nonservice-connected conditions (tremors, anxiety, psychotic disorder, major depressive disorder, cardiac conditions). The objective medical evidence indicates that his unemployability is related to these nonservice-connected conditions rather than his service-connected disabilities.
- Claimed conditions
- lumbosacral spine disability, right sciatica associated with lumbosacral spine disability, persistent viral hepatic infection, Type B
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 28, 2016
- Citation
- 1638399
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 1638399.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.