The Veteran's service-connected disabilities are not shown to be productive of a disability picture that precludes him from securing and following some form of substantially gainful employment.
The deciding factor: The Veteran is currently engaged in substantially gainful employment, with an earned income exceeding the poverty threshold for one person. The Board determined that his part-time work does not constitute marginal or substantially gainful employment.
- Claimed conditions
- residual scars of the left cheek and nose due to basal cell carcinoma, headaches, residuals of a left shoulder injury, degenerative joint disease of the lumbar spine with scoliosis, chondromalacia of the right knee, chondromalacia of the left knee, left foot condition associated with right medial foot surgery, chronic right ankle stiffness, peptic ulcer disease, chronic maxillary sinusitis with deviated nasal septum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 13, 2010
- Citation
- 1002238
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. Read the original VA decision (opens in a new tab) using citation 1002238.
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: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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