The Veteran's claim for a TDIU was denied as his service-connected disabilities do not meet the criteria under 38 C.F.R. § 4.16(a). The case is being remanded to consider an extraschedular TDIU based on the Veteran's unemployability due to PTSD.
The deciding factor: The Veteran does not have a combined rating of at least 70% with one disability rated at 40% or higher, which would meet the criteria for a schedular TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Chondromalacia patella with synovitis, right knee, Dislocation of the left AC joint with degenerative joint diseases, Status post right inguinal hernia repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 25, 2016
- Citation
- 1644552
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 1644552.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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