The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability is denied.
The deciding factor: VA medical examinations showed the veteran was able to function with medication and continue working as a department manager of a retail store despite his service-connected disabilities.
- Claimed conditions
- Post-operative lumbar herniated nucleus pulposus, lumbosacral strain, Depressive disorder, Hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 23, 2007
- Citation
- 0701964
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. Search VA.gov for the original decision (opens in a new tab) using citation 0701964.
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: Dismissed
The Veteran withdrew his appeal for an increased evaluation of his hemorrhoids, so the case is dismissed.
- Whole decision: Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Whole decision: Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
- Whole decision: Denied
The Veteran's claim for special monthly compensation (SMC) due to being housebound is denied because he does not have a single service-connected disability rated as total, and his disabilities are not separate and distinct from the maximum combined rating of 100 percent.
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