The Veteran's combined disability rating meets the criteria for a TDIU, but he is not unemployable due to his service-connected disabilities alone as they do not preclude him from securing and following substantially gainful employment.
The deciding factor: The evidence shows that the Veteran had some limitations due to his service-connected disabilities, primarily affecting his locomotion. However, these limitations did not prevent him from engaging in sedentary or semi-skilled employment at more than a marginal level given his background and education.
- Claimed conditions
- residuals of shrapnel wounds of the right and left abdomen, degenerative joint disease of the right knee, painful scars, right thigh and abdomen, ventral hernia, residuals, gunshot wounds, right thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 26, 2017
- Citation
- 1748105
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 1748105.
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 Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his back and associated radiculopathy disabilities, which require assistance with activities such as bathing, dressing, transferring, housekeeping, and meal preparation.
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