The Veteran's service-connected disabilities are not of such severity to preclude substantially gainful employment.
The deciding factor: The evidence does not show that the Veteran is unable to pursue a substantially gainful occupation due to his service-connected disabilities, as he has multiple nonservice-connected medical problems and inconsistent employment history. The VA examiners found no significant impact on his ability to work from his service-connected conditions.
- Claimed conditions
- major depression associated with levator scapula muscle syndrome, levator scapula muscle syndrome, moderate, bilateral with osteophytes, chondromalacia patella, bilateral, residuals of burns, shoulder, chest and back, pterygium, left eye, athletes feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 6, 2010
- Citation
- 1037840
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 1037840.
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.
- Dismissed
The Veteran's appeal for service connection on all issues was dismissed due to the Veteran withdrawing their appeal for sexual intercourse problems/erectile dysfunction during a hearing before the Board. The other claims were not decided as they lacked current diagnoses.
- Dismissed
The appeals for increased ratings of unspecified anxiety disorder with insomnia, tinnitus, pterygium, left eye, and right ear hearing loss were dismissed due to an impermissible concurrent election.
- Granted
The Veteran's service-connected disabilities, including bilateral total knee replacements and PTSD, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a TDIU have been met.
- Remanded (sent back)
The Veteran's service-connected pterygium of the left eye has been remanded for additional medical evaluation and records to determine its current severity.
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