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 assigned
- 0%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0941318.
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 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.
- 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.
- 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.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.