The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since December 26, 2001.
The deciding factor: The Veteran’s combined disability rating was 40 percent prior to October 22, 2012, which did not meet the percentage requirements for TDIU on a schedular basis. However, his service-connected disabilities prevented him from securing or following substantially gainful employment as of December 26, 2001.
- Claimed conditions
- postoperative lumbosacral fusion with arthritis, internal derangement of the left knee, internal derangement of the right knee, rheumatism of the left lower extremity associated with postoperative lumbosacral fusion with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2019
- Citation
- 19164655
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19164655.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for a left knee disorder, including an ACL tear and internal derangement, as well as his right fifth finger fracture, is granted. The issue of entitlement to a compensable rating in excess of 0 percent for residuals of the right fifth finger proximal phalanx fracture is remanded.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance from December 26, 2001. The decision finds that his service-connected disabilities rendered him in need of regular aid and attendance since December 26, 2001.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's left knee condition and its relationship to service, with a focus on obtaining additional medical opinions.
- Dismissed
The Veteran withdrew his appeal regarding the disability ratings for internal derangement of the right knee and total right knee replacement prior to May 10, 2022, and effective from May 10, 2022, respectively. The Board has dismissed these issues as a result.
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