The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board finds that he is entitled to TDIU.
The deciding factor: The Veteran meets the schedular criteria for TDIU as one disability (major depressive disorder) is rated at 40% or more, and his combined disability rating is at least 70%. The evidence shows that his service-connected disabilities prevent him from securing and following substantially gainful employment.
- Claimed conditions
- major depressive disorder, cervical radiculitis status post spinal fusion with torticollis and IVDS, migraine headaches, right upper extremity radiculopathy associated with bilateral cervical radiculitis status post spinal fusion with torticollis and IVDS, left upper extremity radiculopathy associated with bilateral cervical radiculitis status post spinal fusion with torticollis and IVDS, gastroesophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 1, 2019
- Citation
- 19175843
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19175843.
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 claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
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