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
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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 Veteran's rheumatoid arthritis disability rating is being remanded for additional development due to significant weight loss and anemia.
- Denied
The Veteran's claim for service connection of insomnia was denied, and the effective date is set to the date of receipt of the claim (May 31, 2024).
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Dismissed
The Veteran withdrew his appeals regarding the claims of entitlement to a compensable disability evaluation for bilateral hearing loss, service connection for anterior uveitis, right eye, and service connection for restless leg syndrome, RLE. The claim for service connection for insomnia is dismissed as moot because it was granted with an effective date based on the date of the Veteran's application.
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