The Veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied as his service-connected disabilities do not meet the percentage requirements for a schedular TDIU, and there is no evidence of an extraschedular TDIU based on his ability to secure or follow substantially gainful employment.
The deciding factor: The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU under 38 C.F.R. § 4.16(a), and there is no evidence of an extraschedular TDIU based on his ability to secure or follow substantially gainful employment.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Residuals of cervical laminectomy, Left knee injury, degenerative joint disease, Right carpal tunnel syndrome, Left carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081663
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 Board granted an earlier effective date of September 1, 2016, for the 40 percent rating assigned for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.
- Granted
The Board granted service connection for residuals of a right knee meniscal tear to include degenerative joint disease, finding that the Veteran's in-service injury led to his current condition.
- Granted
The Board granted an increased initial rating of 20 percent disabling for the Veteran's right shoulder, effective November 22, 2011.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
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