The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to January 7, 2008. Effective January 7, 2008, the right shoulder disability alone met the schedular criteria for a TDIU.
The deciding factor: The Veteran's combined rating of 30 percent did not meet the threshold percentage requirements under 38 C.F.R. § 4.16(a) prior to January 7, 2008. The Director of Compensation Service determined that his right shoulder disability alone was sufficient for a TDIU.
- Claimed conditions
- Right Shoulder Dislocation with Degenerative Joint Disease, Cervical Spine Degenerative Joint Disease, Adjustment Disorder with Depression and Anxiety
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2016
- Citation
- 1630557
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 1630557.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's increased ratings for cervical spine degenerative joint disease, thoracolumbar spine degenerative joint disease, and radiculopathy of the right lower extremity with demyelinating polyneuropathy are denied. A TDIU is granted for the period from February 7, 2018, to February 6, 2022, but dismissed for the period thereafter.
- Granted
The Veteran is granted TDIU effective July 2, 2012. Prior to that date, his service-connected disabilities did not render him unemployable.
- Remanded (sent back)
The Board has remanded the case for further examination and evaluation to determine if the Veteran is entitled to special monthly compensation based on aid and attendance or housebound status from July 12, 2011 to January 29, 2019, and whether TBI alone warrants such benefits.
- Granted
The Veteran's cervical spine condition is rated at a 30 percent disability rating, effective November 5, 2014. The Board found the evidence in approximate balance as to whether the Veteran's cervical spine condition was manifested by pain and limited range of motion.
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