The Board found no CUE in the prior rating decisions denying a TDIU, as there was insufficient evidence to determine if the Veteran's service-connected disabilities precluded him from securing or maintaining gainful employment.
The deciding factor: The prior rating decisions did not contain sufficient medical evidence regarding the Veteran's employability due to his service-connected disabilities.
- Claimed conditions
- arthritis of the lumbar spine, peptic ulcer disease with gastroesophageal reflux disease (GERD), status post arthroscopic surgery of the left knee, arthritis of the right knee, sleep apnea, a right inguinal hernia repair, an appendectomy scar, hemorrhoids, scar on the left nipple
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 30, 2009
- Citation
- 0941318
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 0941318.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Whole decision: Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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