The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment on an extra-schedular basis prior to November 5, 2018.
The deciding factor: The Veteran's combined rating of 70 percent at the time was less than total and he did not meet the schedular requirements for TDIU as one condition was not rated at 40 percent or more with additional disability sufficient to bring the combined evaluation to 70 percent or more.
- Claimed conditions
- Bilateral pes planus, Mild degenerative spondylosis of the lumbosacral spine, Left knee strain, Right knee strain, Nose fracture residuals, Hypertension (HTN), Diabetes mellitus (DM), Hemorrhoids, Erectile dysfunction, Bilateral tinea pedis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 22, 2023
- Citation
- 23017924
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 23017924.
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: Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there was no nexus between his current condition and active duty service.
- Whole decision: Granted
The Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
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