The Veteran's service-connected disabilities, when considered individually and combined, do not meet the criteria for a TDIU based on their severity alone. However, his age and other medical conditions are deemed to contribute to his unemployability.
The deciding factor: The Veteran's anxiety disability is rated at 30%, which does not meet the percentage rating standards for TDIU. His service-connected disabilities do not prevent him from obtaining or maintaining sedentary gainful employment, as they only result in mild occupational impairment and are outweighed by his age and other medical conditions.
- Claimed conditions
- Anxiety, Residuals of frostbite of the right foot (rated 20%), Residuals of frostbite of the left foot (rated 20%), Residuals of frostbite of the ears (rated 10%), Right knee scar residuals of shell fragment wounds (noncompensable)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 26, 2013
- Citation
- 1314001
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 1314001.
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 service connection for Posttraumatic Stress Disorder (PTSD), Anxiety, and Depression as these conditions are found to be related to the Veteran's active military service.
- Whole decision: Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
- Whole decision: Granted
The Veteran's claim for service connection for persistent depressive disorder with anxious distress was granted, effective January 17, 2024. The Board has now granted an earlier effective date of May 31, 2019.
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