The Board has determined that the veteran's employment was not marginal and her TDIU rating was terminated effective January 1, 2008.
The deciding factor: The RO found that the veteran had maintained a substantially gainful occupation for more than 12 months and her income exceeded the poverty level during the relevant period.
- Claimed conditions
- CFS, cervical spine radiculopathy to upper extremities, osteoarthritis of the left shoulder, osteoarthritis of the right shoulder, degenerative changes of the left thumb, degenerative changes of the right thumb, status post arthroplasty of the left 5th toe, status post arthroplasty of the right 5th toe, osteophytes of the left knee, osteophytes of the right knee, fibrocystic breast disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 14, 2007
- Citation
- 0739366
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 0739366.
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: Denied
The Board denied an earlier effective date for the award of service connection for torn labrum and osteoarthritis of the left shoulder, finding no unadjudicated claim prior to October 20, 2014.
- Whole decision: Denied
The Veteran's claim for a separate 100 percent rating for Chronic Fatigue Syndrome (CFS) is denied as there is no evidence of an increase in disability within one year prior to the February 16, 2011 claim.
- Whole decision: Granted
The Veteran's claim for service connection for osteoarthritis of the left knee is granted. The claim for service connection for osteoarthritis of the left shoulder is remanded.
- Whole decision: Granted
The Veteran's service connection claim for IBS is granted due to the presumptive nature of the condition. The claim for CFS remains denied as there is no credible evidence meeting the specific requirements for a diagnosis of CFS.
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