The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to August 14, 2018. The Board found that his service-connected conditions alone did not preclude him from securing or following substantially gainful employment during the period on appeal.
The deciding factor: The Veteran's service-connected disabilities were rated at 20% combined and did not meet the schedular requirements for TDIU, and he was enrolled in a full-time education program which indicated his ability to work in his planned field of study.
- Claimed conditions
- Right Ankle Condition, Low Back Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 2, 2019
- Citation
- 19100063
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for various conditions, including obstructive sleep apnea, left hip condition, GERD, irritable bowel syndrome, back condition, right knee condition, left ankle condition, right ankle condition, erectile dysfunction, and bilateral lower extremity radiculopathy, all secondary to the Veteran's service-connected bilateral foot/toe conditions.
- Partly granted
The Veteran's service connection for GERD was granted, while the claims for left and right hand degenerative arthritis were denied. The rating for his right ankle condition was increased to 20 percent effective September 25, 2014.
- Partly granted
The Board granted service connection for a respiratory condition other than asthma, to include rhinitis and/or sinusitis, and a low back condition. Asthma was denied.
- Partly granted
The Board granted an initial rating of 70 percent for adjustment disorder with mixed anxiety and depressed mood, chronic, but denied earlier effective dates and service connection for left ankle condition, right ankle condition, and stress fracture of the right femur.
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