The Board found that the veteran did not timely perfect an appeal of his increased disability rating for chronic lumbar strain, and denied his claim for a total disability rating based on individual unemployability due to lack of evidence showing he was unable to secure or follow substantially gainful employment solely from his service-connected disabilities.
The deciding factor: The veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment, as evidenced by the VA examinations and medical records which showed that he could perform sedentary or light manual labor despite his back pain and tinnitus in the left ear.
- Claimed conditions
- chronic lumbar strain, tinnitus of the left ear, acne vulgaris of the back, neck, and facial area, high frequency neurosensory hearing loss of the left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 28, 2005
- Citation
- 0520437
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 0520437.
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 render him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Board has denied service connection for right lower extremity radiculopathy and a rating in excess of 10 percent for chronic lumbar strain. The claims for migraines and Meniere's disease are remanded.
- Denied
The Board has readjudicated the claim for service connection for chronic lumbar strain due to new evidence submitted after the prior final denial. However, it was determined that the Veteran's current condition is not related to service because his actions leading to the injury were considered willful misconduct.
- Dismissed
The Veteran's appeal for an increased rating for a chronic lumbar strain was dismissed due to an impermissible concurrent election of review options.
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