The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment prior to April 23, 2002. The claim for TDIU is denied for the period prior to this date.
The deciding factor: The combined disability rating was below the required threshold for a single 60% disability rating as of April 23, 2002, and there is no evidence indicating that the Veteran was unemployable due to service-connected disabilities prior to this date.
- Claimed conditions
- intervertebral disc syndrome of the cervical spine, intervertebral disc syndrome of the lumbar spine, left upper extremity neuropathy, right upper extremity neuropathy, left lower extremity neuropathy, right lower extremity neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2010
- Citation
- 1010041
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 1010041.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability based on individual unemployability.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including SMC based on loss of use of the bilateral upper and lower extremities, as well as rating increases for various neuropathies. The AOJ is instructed to obtain an adequate opinion regarding whether the Veteran's service-connected conditions have manifested with the loss of use of his hands, legs, and feet.
- Dismissed
The Board has dismissed the appeals for left hip arthritis, right hip arthritis, type II diabetes, right lower extremity neuropathy, left lower extremity neuropathy, and sleep apnea as they have become service-connected in other rating decisions.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to a duty-to-assist error, and the case is inextricably intertwined with his TDIU claim.
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