The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as there is no evidence that his employment is marginal or that he cannot secure and follow substantially gainful employment.
The deciding factor: The preponderance of the evidence shows that the veteran's current employment does not constitute marginal employment and that he can maintain a sedentary job despite his service-connected disabilities.
- Claimed conditions
- degenerative disc disease, L5-S1, post traumatic neuroma, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2008
- Citation
- 0832597
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 0832597.
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: Remanded (sent back)
The Veteran's request for additional VR&E equipment purchases and other services under a program of independent living services, including a riding lawnmower, power tools, attending school far from home, childcare, and a vehicle, was denied due to the severity of his service-connected disabilities. The Board has ordered further development to address these issues.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for left shoulder and back disabilities due to a pre-decisional duty to assist error. The Veteran's tinnitus claim is granted.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development due to a lack of recent medical examination and updated treatment records. The Veteran's disability ratings for his bilateral knee and lumbar spine conditions are being reviewed.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to an inadequate VA examination, and a new one is required for proper evaluation of the Veteran's back disability.
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