The Board denied a rating in excess of 10 percent for the Veteran's right knee disability and granted a total disability rating based upon individual unemployability (TDIU) from March 19, 2016. Service connection was also denied for various other disabilities.
The deciding factor: The decision was based on the evidence not showing that the Veteran's lumbar spine, left knee, right and left ankle disabilities were related to his service or caused by a service-connected disability, and the TDIU grant was due to the inability to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.
- Claimed conditions
- status-post right knee surgery with degenerative joint disease (DJD), lumbar spine disability, left knee disability, right ankle disability, left ankle disability, migraine headaches, vertigo, traumatic brain injury (TBI), tinnitus, cervical spine disability, right hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 13, 2022
- Citation
- 22001878
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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