The Board found that the Veteran's TDIU benefits should not be restored as he had been employed for at least 12 months prior to May 1, 2009 and his income exceeded the poverty threshold.
The deciding factor: The Veteran was able to engage in substantial gainful employment (self-farming) before the proposed termination of TDIU benefits, which precluded restoration of the benefits.
- Claimed conditions
- Thoracic spine injury, Cervical spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 5, 2012
- Citation
- 1208271
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 1208271.
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: Remanded (sent back)
The Board has found that new and relevant evidence was submitted to readjudicate the cervical spine injury claim, but the issue of service connection for bilateral hearing loss is granted. The cervical spine injury claim is remanded due to a lack of a VA examination.
- Whole decision: Remanded (sent back)
The Board has found that there has not been substantial compliance with the November 2022 remand directives regarding the remaining claim for service connection for a cervical spine injury. Therefore, the Board finds that an additional remand is warranted.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development and readjudication, including consideration of whether an extraschedular rating is warranted prior to March 27, 2001, for the Veteran's thoracic spine disability, lumbar spine disability, and total disability rating based on individual unemployability (TDIU). The effective date issue for Dependents' Educational Assistance (DEA) will also be remanded.
- Whole decision: Remanded (sent back)
The Veteran's service-connected cervical spine injury and lumbar spine DJD are being remanded for further evaluation due to the possibility of increased disability since his last VA examination in June 2017.
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