The Veteran's service-connected disabilities do not prevent her from securing or following gainful employment, and she does not meet the schedular rating criteria for a TDIU.
The deciding factor: The Veteran’s combined service-connected disabilities are rated at 60%, which is below the threshold required to establish entitlement to a TDIU on a schedular basis. The VA examiner determined that her service-connected conditions do not render her unable to obtain and retain gainful employment, irrespective of her age and nonservice-connected disabilities.
- Claimed conditions
- varicose veins of the right lower extremity, post-operative residuals of hallux valgus of the left great toe, scar of the left great toe, hammertoes deformity of the left second toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 3, 2019
- Citation
- 19100211
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.
- Remanded (sent back)
The Board remands the issues of entitlement to a higher disability rating for varicose veins of both lower extremities due to insufficient medical opinions regarding the effects of medication.
- Denied
The Board denied the Veteran's claim for an initial compensable rating for varicose veins of the right lower extremity as the evidence did not show intermittent edema or aching and fatigue in the leg after prolonged standing or walking, with symptoms relieved by elevation of extremity or compression hosiery.
- Partly granted
The Board granted a 40 percent disability rating for varicose veins of the left and right lower extremities, effective October 8, 2021.
- Partly granted
The Board granted increased ratings for the Veteran's varicose veins of both lower extremities and a separate rating for her sleep disability, but denied entitlement to TDIU.
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