The Veteran's service-connected disabilities, alone, do not meet the criteria for a TDIU as they are insufficient to produce unemployability without regard to advancing age. The medical evidence does not support that the Veteran is unable to obtain substantially gainful employment solely due to his service-connected disabilities.
The deciding factor: The Veteran's service-connected disabilities do not prevent him from obtaining substantially gainful employment, as evidenced by a VA examination which found he could perform strenuous work required in building maintenance despite his physical limitations.
- Claimed conditions
- residuals of frozen feet, cold injury of the left foot, cold injury of the right foot, cold injury of the left hand, cold injury of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2009
- Citation
- 0940355
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 0940355.
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 entitlement to disability ratings in excess of 10 percent for cold injuries of the right and left hands, finding that the law does not allow retroactive increases after service connection was severed.
- Denied
The Board denied service connection for cold injuries to the face, nose, ears, left hand, and right hand due to a lack of evidence showing current disabilities related to in-service cold exposure.
- Denied
The Board denied entitlement to an earlier effective date for the grant of service connection for cold injury residuals of both feet, as the criteria were not met.
- Dismissed
The Veteran's appeals for increased ratings in excess of the current schedular ratings for cold injuries to his hands and ears have been dismissed due to withdrawal by the Veteran.
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