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
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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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