The Veteran's service-connected disabilities are of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment, resulting in a grant of TDIU.
The deciding factor: The Veteran's combined rating was at least 90 percent for certain periods within the Appeal Period, making it impossible to determine if he is unemployable due to service-connected disabilities. However, his individual conditions (Depressive Disorder, Left Knee Disability, Right Knee Disability, Back Disability, Left Leg Radiculopathy, and Right Leg Radiculopathy) prevent him from securing or following a substantially gainful occupation.
- Claimed conditions
- Depressive Disorder, Left Knee Disability, Right Knee Disability, Back Disability, Left Leg Radiculopathy, Right Leg Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 16, 2019
- Citation
- A19001972
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board granted service connection for obstructive sleep apnea and insomnia, but denied service connection for right knee disability, left knee disability, right ankle disability, intestinal condition (chronic colitis), and chronic migraine disability.
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