The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his combined rating is 40%, which allows for referral to the Director of Compensation Services for extra-schedular consideration. The Board found that while the Veteran's disabilities cause some functional impairment and impact his ability to perform strenuous jobs, they do not preclude all substantially gainful employment based on his educational and occupational history.
The deciding factor: The Veteran's service-connected disabilities are rated at a combined of 40%, which does not meet the schedular requirement for TDIU. However, due to the established policy that veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities should be rated totally disabled, the case was referred to the Director of Compensation Services for extra-schedular consideration.
- Claimed conditions
- left knee status post arthroscopic surgery, right knee status post arthroscopic surgery, mononeuritis of the left superficial peroneus nerve, right upper extremity neuropathy/carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 10, 2021
- Citation
- 21073760
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 21073760.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the TDIU claim due to conflicting evidence of the Veteran's employment throughout the appeal period and the need for a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. The AOJ should refer his claim for a TDIU issue to the Director of Compensation Services for extraschedular consideration.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional medical examinations and evaluations.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining SSA and Worker's Compensation records, as well as VA treatment records. He will also undergo examinations to assess the severity of his service-connected right and left knee disabilities and mononeuritis of the left superficial peroneal nerve.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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