The Veteran's TDIU claim for the period from May 23, 2016 to August 29, 2017 was denied as he was employed during this time and not in marginal employment. The right knee disability claim is remanded for a new VA examination.
The deciding factor: The Veteran was employed during the relevant period from May 23, 2016 to August 29, 2017, which precluded him from receiving TDIU benefits as he had substantial and gainful employment.
- Claimed conditions
- Generalized anxiety disorder/major depression, Right femur stress fracture, Right knee meniscus tear associated, Lumbar strain, Right lower extremity radiculopathy, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2019
- Citation
- 19181442
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 claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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