The Veteran's service-connected disabilities do not preclude her from obtaining or maintaining any form of substantially gainful employment consistent with her education and occupational background, as she is currently working as a home health nurse for two different agencies.
The deciding factor: The Veteran's combined disability evaluation is 80 percent, meeting the schedular criteria for consideration of a TDIU rating under 38 C.F.R. § 4.16(a). However, her service-connected disabilities do not render her unemployable as she is currently employed as a home health nurse.
- Claimed conditions
- gastroesophageal reflux disease with hiatal hernia and gastric carcinoma, pseudophakia, left eye with uveitic glaucoma and optic neuropathy, lumbar spondylosis, chondromalacia patella, right knee, chondromalacia patella, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- June 9, 2009
- Citation
- 0921605
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 0921605.
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.
- Remanded (sent back)
The Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities, while severe, do not render him unable to obtain or maintain a gainful occupation.
- Granted
The Veteran's service-connected left knee and right shoulder disabilities, along with compensation benefits awarded under 38 USC § 1151 for a right bicep detachment during shoulder surgery, prevented him from securing or following substantially gainful employment from December 22, 2011 to December 11, 2016.
- Partly granted
The Board granted service connection for the veteran's left and right knee disabilities but denied service connection for bilateral hearing loss.
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