The Veteran's service-connected disabilities, including a back disability, right shoulder disability, bilateral epididymal cysts, left shoulder impingement syndrome, and chronic maxillary sinusitis/rhinitis, did not render him unemployable during the period from July 2, 2010 to February 27, 2014. The Board found that his education, past work experience, and functional impairment caused by these disabilities were not sufficient to prevent him from securing or following a substantially gainful occupation.
The deciding factor: The Veteran's service-connected disabilities did not meet the threshold percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) due to their combined rating of 60 percent, which is below the required 70 percent or higher for two or more service-connected disabilities rated at 40 percent or higher.
- Claimed conditions
- back disability, right shoulder disability, bilateral epididymal cysts, left shoulder impingement syndrome, chronic maxillary sinusitis/rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 18, 2019
- Citation
- 19147121
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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