The Veteran's claim for TDIU was granted, with an effective date of July 11, 2012. The Board found that the Veteran initiated his claim during a period of marginal employment and thus eligibility for schedular TDIU began on the date VA received the claim.
The deciding factor: The Veteran's employment at Southern Hardware was marginal between March 14, 2012, and March 14, 2013, with gross earnings not exceeding the poverty threshold for one person. The claim was initiated during this period of marginal employment, making it the first indication in the claims file of unemployability due to service-connected disability.
- Claimed conditions
- unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147013
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.
- Denied
The Veteran's TDIU claim is denied as he is currently employed on a full-time basis and the evidence does not show that his service-connected disabilities render him incapable of obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board found that the Veteran's service-connected disabilities raised a question of whether he could secure or follow substantially gainful employment. The case is being remanded to request the Veteran submit his work history and educational background.
- Denied
The Board denied the Veteran's claim for a total disability rating based upon unemployability (TDIU) as there is no evidence showing he is unemployed or marginally employed due to service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities because it is inextricably intertwined with the issue of reopening service connection for a low back disability, which was previously remanded. The TDIU claim will be reconsidered after the low back disability claim has been adjudicated.
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