The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability (TDIU) is denied.
The deciding factor: The Veteran's service-connected disabilities are already contemplated by the ratings assigned, which already account for their functional impairments.
- Claimed conditions
- Degenerative disc disease of the low back with L4-5 disc fusion, Scoliosis, type II, Right and left lower extremity radiculopathy, Type II diabetes mellitus, Erectile dysfunction, Scars, Right ear hearing loss, Prostate cancer (status post robotic prostatectomy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2020
- Citation
- 20001038
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20001038.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
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