The Veteran's appeal for a TDIU on an extra-schedular basis prior to schedular eligibility for the period prior to July 26, 2010 is denied. The Board found that his service-connected disabilities did not meet the criteria for a total disability rating based on individual unemployability (TDIU) due to their combined evaluation of 30 percent. The appeal for secondary service connection for an acquired psychiatric disorder and low back condition are remanded.
The deciding factor: The Veteran's combined evaluation of his service-connected disabilities did not meet the percentage requirements for a TDIU on an extra-schedular basis prior to schedular eligibility for the period prior to July 26, 2010.
- Claimed conditions
- left knee arthritis, cervical foraminotomy with radiculopathy of the right upper extremity, degenerative arthritis of the left knee, hypertensive heart disease, rheumatoid arthritis, osteoarthrosis of the left knee, insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2021
- Citation
- 21072258
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 21072258.
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 service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied the veteran's claim for service connection for insomnia, finding that there was no evidence of a separately diagnosable sleep disorder separate and apart from his already service-connected PTSD.
- Partly granted
The Board denied increased ratings for hypertension, atherosclerosis, and diabetes mellitus; granted service connection for erectile dysfunction and skin cancer; and restored the 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
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