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.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Partly granted
The Veteran's PTSD was granted a maximum disability rating of 100 percent effective December 12, 2022. The ratings for migraines and IBS with GERD were restored from noncompensable to their previous levels.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
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