The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU and were insufficient to render him unemployable. The VA determined that he was able to maintain gainful employment due to his ability to work in various positions, including as a truck driver until 2006.
- Claimed conditions
- Left distal tibia and fibula fracture with scar and traumatic arthritis, Lumbosacral strain, Degenerative joint disease (DJD) of the left hip, Degenerative joint disease (DJD) of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 15, 2021
- Citation
- 21068910
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 21068910.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Board has decided to remand the case due to a deficiency in the April 2024 VA medical examination, specifically regarding passive range of motion testing for pain.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
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