The Veteran's service-connected disabilities do not render him unemployable, as he has a master’s degree in educational administration and work experience as an Army instructor/teacher. The Board finds that the evidence is insufficient to show his physical impairments prevent him from performing sedentary work.
The deciding factor: The Veteran maintains that since he retired he has applied for many jobs with the VA and through the federal government but was not hired because of his service-connected disabilities, which violates the Americans with Disabilities Act. The Board does not consider this hypothetical scenario to be sufficient evidence of unemployability.
- Claimed conditions
- Right knee condition with degenerative changes, Left knee condition with degenerative changes, Bilateral pes planus, Hypertension with chest pain, Low back condition with degenerative changes, Tinnitus, Right lower extremity radiculopathy associated with low back condition with degenerative changes, Right knee patellar subluxation, Left knee patellar subluxation, Left knee condition with degenerative changes (painful motion), Right knee condition with degenerative changes (painful motion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- April 25, 2019
- Citation
- 19132177
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
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- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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