The Veteran's service-connected disabilities, singly or in combination, do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and employment background.
The deciding factor: The Veteran's service-connected disabilities are rated at a combined rating of 60 percent, which meets the minimum schedular criteria for a TDIU. However, he is unable to secure and follow a substantially gainful occupation due to non-service-connected factors such as being barred from employment in the casino industry.
- Claimed conditions
- Diabetes mellitus type II, Cataracts, Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 25, 2011
- Citation
- 1107631
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 1107631.
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 granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the nature and etiology of the Veteran's primary open angle glaucoma with cataracts, as well as a determination of whether he has a current diagnosis of bilateral hearing loss for VA compensation purposes. The case is being remanded to allow for these determinations.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
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