The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.
The deciding factor: The combined rating of 90% for service-connected disabilities meets the percentage requirements set forth in 38 C.F.R. § 4.16(a), but the evidence is evenly balanced as to whether these conditions preclude the Veteran from securing and following substantially gainful employment.
- Claimed conditions
- degenerative arthritis of the cervical spine (neck disability), right shoulder disability, sinus allergies, lumbar intervertebral disc syndrome, right lower extremity sciatic nerve impairment, bladder dysfunction, left lower extremity sciatic nerve impairment, degenerative arthritis of the right elbow, right index finger laceration with scar, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- February 12, 2018
- Citation
- 1809208
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 1809208.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
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