The veteran's claim for an effective date prior to August 10, 1999, for a total rating based on unemployability due to service-connected disabilities was denied as his employment during the relevant period did not meet the criteria for marginal employment.
The deciding factor: The RO determined that the veteran's income during the last year of his employment exceeded the poverty threshold, thus his employment could not be considered marginal and therefore did not qualify him for a total rating based on unemployability due to service-connected disabilities prior to August 10, 1999.
- Claimed conditions
- residuals of a gunshot wound of the right upper (nondominant) extremity, PTSD, degenerative changes of the right knee, postoperative residuals of torn ligament of the right knee, residuals of a shell fragment wound of the right superolateral chest with retained foreign body, scar of the right upper extremity, residual of a gunshot wound, scars of the left little finger, right thigh, scalp and upper neck, fractures of the mandible and zygoma, history of malaria, scar of the right leg, residuals of a skin infection, palsy of the 6th cranial nerve affecting the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2001
- Citation
- 0105893
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 0105893.
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 Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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