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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 21073760.
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: 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.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional medical examinations and evaluations.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.