The Veteran's combined disability rating has been at least 70 percent, with 'one service-connected disability' ratable at at least 40 percent. However, the evidence does not show that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.
The deciding factor: VA examinations and SSA records indicate the Veteran's employment difficulties are due to nonservice-connected conditions (lumbosacral spine disability) rather than his service-connected disabilities.
- Claimed conditions
- postoperative, right foot deformity with pes planus, postoperative, left foot deformity with pes planus, bilateral healing loss, degenerative disc disease, cervical spine, residuals, fracture left clavicle, tinnitus associated with bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 22, 2018
- Citation
- 1804250
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 1804250.
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.
- Granted
The Veteran's current degenerative disc disease of the cervical spine is determined to be a result of his military service, and he is granted entitlement to service connection for this condition.
- Dismissed
The Veteran's appeal for service connection for degenerative disc disease of the cervical spine as secondary to his service-connected spinal fusion is dismissed due to a withdrawal request.
- Remanded (sent back)
The Board remands the issues of an initial rating in excess of 20 percent for lumbar strain with degenerative arthritis and an initial rating in excess of 20 percent for degenerative disc disease, cervical spine prior to December 10, 2014, due to a failure by the VA examiner to provide a retrospective opinion that complies with the Board's remand instructions.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) prior to October 20, 2019, as the evidence did not show that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
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