The Veteran's TDIU claim for the period prior to January 25, 2012 was denied as his service-connected disability did not meet the schedular criteria for a TDIU and there is no evidence of an exceptional or unusual disability picture productive of marked interference with employment.
The deciding factor: The Veteran's sole service-connected condition (left upper extremity disability) rated at 20% did not meet the schedular requirements for a TDIU, and his combined rating was less than 70%. The evidence showed he had difficulty securing or following substantially gainful employment due to his left shoulder pain.
- Claimed conditions
- left upper extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2021
- Citation
- 21073310
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. Read the original VA decision (opens in a new tab) using citation 21073310.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's Parkinson's disease and related conditions have necessitated a higher level of care, including hospitalization and skilled home health care. The Board has granted SMC at the (r)(2) rate based on this need.
- Whole decision: Granted
The Board has granted earlier effective dates of September 1, 2023 for a total disability rating based on individual unemployability (TDIU), basic eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35, and special monthly compensation (SMC).
- Whole decision: Dismissed
The Veteran withdrew the appeals for service connection for a psychiatric disorder, to include generalized anxiety and depression; obstructive sleep apnea; left upper extremity disability; and right upper extremity disability.
- Whole decision: Remanded (sent back)
The Board remands the claim for a left upper extremity disability to obtain an adequate medical opinion addressing both direct and secondary theories of service connection.
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