The Veteran's TDIU claim for prior to October 31, 2018 was denied as his unemployability was not solely due to service-connected disabilities.
The deciding factor: The VA examiners found that the Veteran’s nonservice-connected disorders (neck injury, migraine headaches, shoulder pain, short bowel syndrome, and closed head injury) were more likely than not the cause of his inability to secure and maintain substantially gainful employment.
- Claimed conditions
- Lumbar spine disorder, Hearing loss, Left knee injury with arthritis and radiculopathy of the left lower extremity, Degenerative arthritis of the right foot, Right knee disorder (degenerative arthritis), Left knee instability, Left knee limitation of extension, Right knee instability, Right knee limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 5, 2019
- Citation
- 19183832
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disorder, a right knee disorder, and a lumbar spine disorder.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.