The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has been employed in various positions that require similar education, training, and work experience.
The deciding factor: The Veteran had substantial gainful employment prior to May 17, 2010 and from December 1, 2010 through February 21, 2013, which precludes a TDIU determination for these periods. For the remaining periods, his combined disability rating did not meet the schedular criteria for a TDIU.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Lumbar IVDS (previously DDD), Right Knee Arthroscopy with Degenerative Joint Disease, Left Lower Extremity Radiculopathy L5, S1, Decreased Sensation of Right Lower Extremity and L5 Distribution
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 24, 2020
- Citation
- 20075137
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.
- Partly granted
The Veteran was granted a 70 percent rating for adjustment disorder from November 18, 2010, to August 11, 2020, and an extension of a temporary total disability rating for convalescence following surgery for a service-connected lumbar spine disability through January 1, 2012.
- Granted
The Veteran's disability rating for residuals of left ankle sprains was increased to 20 percent from June 25, 2008 to October 23, 2008. The rating remains at 10 percent before and after this period.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and sinusitis with deviated septum.
- Denied
The veteran's service-connected DDD of the lumbar spine is not more than 40 percent disabling, and an evaluation in excess of 40 percent is denied.
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