The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to August 3, 2016. The Board found that the Veteran’s income exceeded the federal poverty threshold for one person prior to his voluntary resignation.
The deciding factor: The Veteran voluntarily resigned from his employment due to service-connected disabilities, and his known income did not exceed the poverty threshold for one person prior to his resignation.
- Claimed conditions
- prostate cancer, status post radical prostatectomy with scar (now claimed as residuals of prostatectomy with incontinence), sleep apnea with asthma, acromioclavicular joint osteoarthritis (previously rated as residuals, left rotator cuff repair (dominant)), degenerative disc and joint disease, cervical spine, right lower extremity sciatic, L4, L5, and S1 spinal nerve impingement associated with degenerative disc and joint disease, lumbar spine, left knee laxity, left knee limitation of motion, tinnitus, residuals, right elbow repair (non-dominant), degenerative disc and joint disease, lumbar spine, bilateral hearing loss, residuals, right ankle repair, gout, left foot, degenerative joint disease, right knee, hypertension, erectile dysfunction associated with prostate cancer, status post radical prostatectomy with scar (now claimed as residuals of prostatectomy with incontinence), scar, left shoulder associated with acromioclavicular joint osteoarthritis (previously rated as residuals, left rotator cuff (dominant))
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133082
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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