The Veteran's TDIU claim was denied as his combined disability rating does not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) for any period on appeal, and he has not been precluded from securing or following a substantially gainful occupation due solely to his service-connected disabilities.
The deciding factor: The Veteran's combined disability rating does not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) for any period on appeal, and he has not been precluded from securing or following a substantially gainful occupation due solely to his service-connected disabilities.
- Claimed conditions
- left ankle traumatic arthritis, pelvic fracture with left hip strain, limited extension of the left hip, limited adduction of the left hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 18, 2018
- Citation
- 18103364
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 18103364.
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 Board has remanded the claims for service connection and rating issues due to outstanding VA and private treatment records not being obtained prior to adjudication.
- Remanded (sent back)
The Veteran's appeal of increased ratings for his left hip and thigh disabilities, as well as the issue of TDIU, is being remanded due to procedural issues and need for additional medical examination.
- Denied
The Veteran's need for regular aid and attendance is not due to his service-connected disabilities, but rather to nonservice-connected disabilities. The Board denies the claim for SMC based on the need for regular aid and attendance.
- Granted
The Board granted service connection for major depressive disorder, with anxious distress, diabetes mellitus, hypertension, left ankle traumatic arthritis, right ankle traumatic arthritis, left knee chondromalacia, right knee chondromalacia, and left foot pes cavus, resolving reasonable doubt in the Veteran's favor.
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