The Board denied a TDIU on an extraschedular basis prior to August 14, 2020 due to the Veteran's service-connected disabilities not precluding substantially gainful employment.
The deciding factor: The Veteran's service-connected disabilities did not meet the criteria for a TDIU as they were found to be adequately compensated by the rating schedule and did not cause any 'exceptional or unusual' factors that render the application of the schedule impractical.
- Claimed conditions
- migraine headaches, lateral collateral ligament sprain of the right ankle, cervical spine degenerative joint disease, lumbar spine degenerative joint disease, remote medial collateral ligament sprain of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001587
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 22001587.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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