The Veteran's claim for a total disability rating based on individual unemployability before May 7, 2004 was denied as there is no credible evidence showing he could not secure or follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The Veteran's inconsistent statements regarding when and why he stopped working make it impossible to determine a valid effective date for the extraschedular total disability rating before May 7, 2004.
- Claimed conditions
- Left ankle fracture with degenerative joint disease, Degenerative arthritis of right ankle, Degenerative arthritis of right hip, Degenerative arthritis of right first metatarsophalangeal joint and first proximal phalangeal joint of the right foot, Degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2012
- Citation
- 1227606
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 1227606.
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 right and left knee braces caused wear and tear to his clothing in the year of 2021, leading to a decision granting annual clothing allowances for both knee braces.
- Granted
The Board has granted service connection for Degenerative Joint Disease of the Right Knee as secondary to a service-connected left knee disability, but has remanded the claim for Lumbar Spine Disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings due to inconsistencies in the January 2022 VA examination reports and a need for clarification regarding the Veteran's intent when filing his Notice of Disagreement. The AOJ is directed to schedule new examinations, obtain retrospective medical opinions, and clarify the severity of the Veteran's disabilities during the relevant period on appeal.
- Denied
The Board has denied service connection for degenerative joint disease of the left and right knee, osteoarthritis of the left shoulder, a right shoulder condition, and intervertebral disc disorder of the spine as there is no evidence to support that these conditions were incurred or aggravated by military service.
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