The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his income exceeds the poverty threshold and he is able to secure and follow substantially gainful employment.
The deciding factor: The Veteran's earned income exceeded the poverty threshold, indicating that his employment was not marginal.
- Claimed conditions
- Back pain, Neck pain, Atypical migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 28, 2017
- Citation
- 1706036
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 1706036.
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.
- Granted
The Veteran's service-connected disabilities result in him needing regular aid and attendance, which has been granted for special monthly compensation at the aid and attendance rate.
- Remanded (sent back)
The Board has remanded the Veteran's claims for urinary incontinence, back pain, and bilateral foot pain due to potential service connection issues. The AOJ is required to provide a VA examination and obtain an opinion regarding whether these conditions are related to service.
- Granted
The Veteran's TDIU is granted effective December 30, 1995. Basic eligibility for Dependents' Educational Assistance (DEA) is also granted as of that date.
- Denied
The Board has determined that the Veteran is not in need of personal care services for a minimum of six continuous months due to her ability to perform ADLs independently and does not require supervision or protection based on symptoms or injuries. Therefore, eligibility to enroll in the PCAFC program is denied.
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