The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation, and an extraschedular TDIU is granted. An initial rating in excess of 10 percent for the right knee disability on an extraschedular basis is denied.
The deciding factor: The functional impairment manifested by the Veteran's right knee disability is adequately contemplated by the rating schedule, but his service-connected disabilities preclude him from securing or following a substantially gainful occupation, warranting an extraschedular TDIU.
- Claimed conditions
- Right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2021
- Citation
- 21061259
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Remanded (sent back)
The Board remands the Veteran's claims for service connection for left and right knee disabilities to correct pre-decisional duty to assist errors.
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