The Veteran's combined rating due to service-connected disabilities is 70%, which meets the criteria for a TDIU. However, his unemployability is not due to his service-connected conditions but rather to nonservice-connected cognitive dysfunction and retirement from two careers.
The deciding factor: The Veteran's service-connected conditions do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.
- Claimed conditions
- anxiety disorder, right wrist injury with osteoarthritis in the first metacarpal joint, metatarsus latus with plantar wart on right fifth toe, callus formation with metatarsalgia of the left fifth toe, sinusitis, tonsillectomy residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2014
- Citation
- 1400537
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 1400537.
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: Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Whole decision: Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Whole decision: Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Whole decision: Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.