The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as he did not provide the necessary information in a VA Form 21-8940, and there is no indication of his inability to secure or follow substantially gainful employment.
The deciding factor: The Veteran failed to submit the required VA Form 21-8940 for TDIU application, which was requested by the AOJ in June/July 2023. The evidence does not show he is unable to secure and follow a substantially gainful occupation due to his service-connected right and left knee disabilities.
- Claimed conditions
- right and left knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2023
- Citation
- 23057466
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 23057466.
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.
- Granted
The Veteran's service-connected disabilities, including his right leg injuries and knee disorders, have resulted in the loss of use of one lower extremity and affect his functions of balance and propulsion. The Board finds that he meets the criteria for specially adapted housing eligibility.
- Granted
The Veteran's service-connected right and left knee degenerative joint disease causes his clothing to wear or tear, warranting a clothing allowance for the year 2014.
- Remanded (sent back)
The Veteran's appeal is being remanded due to a procedural issue regarding the reimbursement of CRDP withholdings from July to September 2014. The Board will provide an opportunity for the Veteran to file a Substantive Appeal and address this issue.
- Remanded (sent back)
The Veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination to assess his unemployability and the effect of his service-connected disabilities on his employability.
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.