The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a TDIU and failed to complete the required VA Form 21-8940, which prevented the Board from assessing his employment status.
The deciding factor: The Veteran did not meet the schedular criteria for a TDIU due to having one service-connected disability rated at 60% or higher (right knee degenerative joint disease) and two or more service-connected disabilities with one disability rated at 40% or higher and the combined rating is 70% or higher. The Veteran failed to complete the required VA Form 21-8940, which prevented the Board from assessing his employment status.
- Claimed conditions
- Right knee degenerative joint disease, Degenerative disc disease of the lumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 17, 2018
- Citation
- 18135352
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 18135352.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
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