The Board denied the Veteran's claim for TDIU prior to November 6, 2008 due to the evidence not showing unemployability based on one service-connected disability. The Veteran was found to be substantially employed at that time.
The deciding factor: The Veteran did not meet the schedular criteria set forth in 38 C.F.R. § 4.16(a) for a TDIU prior to April 14, 2006 and his income exceeded the poverty threshold during the appellate period.
- Claimed conditions
- bilateral knees, bilateral ankles, neck, back, bilateral shoulders
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186424
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (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 19186424.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Granted
The Veteran's TDIU was granted effective April 8, 2020. The Board found that VA failed to properly notify the Veteran of his intent to file a claim and thus the earlier date is valid.
- Granted
The Veteran's service-connected neck, back, and migraines required care or assistance from his wife on a regular basis to protect him from hazards in his daily environment.
- Denied
The Board has denied service connection for the Veteran's low back condition, and remanded the issues of entitlement to service connection for right ankle, left ankle, and right wrist conditions.
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