The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation, thus denying the claim for TDIU on accrued benefits purposes.
The deciding factor: The Veteran's service-connected disabilities combined to be 40% disabling at the time of his death, which was below the required percentage under VA regulations for a total disability rating based on individual unemployability (TDIU).
- Claimed conditions
- chronic factitious disorder with physical symptoms, limitation of motion of the cervical spine secondary to C-6 and C-7 vertebral fractures, post operative residuals of right inguinal hernia repair, scars on the right index finger and scalp, residuals of a skull fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 25, 2011
- Citation
- 1131420
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 1131420.
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.
- Granted
The Veteran's claim for service connection for residuals of a skull fracture has been granted. The issue of entitlement to TDIU prior to May 30, 2012 is dismissed as moot due to the Veteran's current total disability rating and receipt of SMC benefits.
- Granted
The Veteran's service-connected disabilities, including his left leg amputation and traumatic brain injury, meet the criteria for eligibility for specially adapted housing due to permanent total service-connected disability.
- Remanded (sent back)
The Veteran's claims for an increased rating and service connection are remanded due to incomplete development, including the need for a new VA examination.
- Granted
The Veteran's application to reopen his claims of service connection for a back disorder was granted. The claims for residuals of a skull fracture, memory loss due to head trauma, and sleep disorder were denied as the evidence did not establish a current disability or link these conditions to service.
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