The Veteran's combined rating is 40 percent, and his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
The deciding factor: The Veteran does not meet the criteria for TDIU as he has no single disability rated at 60% or more, nor does he have at least one disability rated at 40% or more with a combined rating of 70% or more.
- Claimed conditions
- Right Knee Disability, Patellofemoral Pain Syndrome (Left Knee), Instability of Right Knee, Decreased and Painful Extension of Right Knee, Decreased Flexion of Right Knee, Right Knee Scars, Right Ear Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2019
- Citation
- 19182971
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.
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The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
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