The Board found that the veteran was actually employable as of 2001 and discontinued his entitlement to Total Disability Rating due to Individual Unemployability (TDIU) effective December 1, 2005.
The deciding factor: Clear and convincing evidence established that the veteran was capable of gainful employment by 2001.
- Claimed conditions
- Herniated nucleus pulposus, Major depression secondary to back disability, Residuals of a right hand injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 18, 2008
- Citation
- 0809055
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 0809055.
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 rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for residuals of a right hand and right ankle injuries due to inadequate medical opinions.
- Granted
The Veteran's claim for SMC based on being housebound is denied, while his claim for SMC based on the need for regular aid and attendance of another person is granted. The decision also notes that the Veteran requires assistance from his wife and son to perform daily living activities due to his service-connected disabilities.
- Denied
The Board denied the Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 17, 2018, finding that his service-connected conditions did not preclude him from securing and following substantially gainful employment.
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