The Board found that the veteran's income as a county commissioner exceeded the poverty threshold and thus constituted substantially gainful employment, leading to termination of his TDIU rating.
The deciding factor: The Court in Faust v. West established that an occupation providing annual income exceeding the poverty threshold for one person constitutes substantially gainful employment for VA purposes.
- Claimed conditions
- Multiple shrapnel fragment wounds (SFW) to the left arm and hand, Fracture of the distal ulna in the left arm, Residuals of SFWs of the scalp, left shoulder, armpit, lower extremities, and buttocks, Burn scar on the dorsal aspect of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 29, 2007
- Citation
- 0709298
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 0709298.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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