The Veteran's service-connected disabilities do not render him unemployable, and the Board denies entitlement to a TDIU on both schedular and extraschedular grounds.
The deciding factor: The combined rating of 40% for service-connected conditions does not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a), and the evidence does not support an extraschedular TDIU under 38 C.F.R. § 4.16(b).
- Claimed conditions
- right shoulder glenohumeral joint osteoarthritis, lumbar spine degenerative joint disease, left inguinal hernia surgical scar residuals, left inguinal hernia repair residuals and ilio-inguinal and ihohypogastric nerve impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2023
- Citation
- 23006188
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 23006188.
What this means for you
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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 Veteran's claims for service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Granted
The Board has granted service connection for right shoulder and left shoulder disorders, finding that the Veteran's current diagnoses are related to his military service.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examinations and opinions regarding the Veteran's right shoulder glenohumeral joint osteoarthritis, left knee osteoarthritis, and right knee osteoarthritis. The AOJ is required to obtain a new examination and opinion for these conditions.
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