The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 9, 2016 due to lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Board found that prior to December 2016, the Veteran's service-connected disabilities did not reach the level where they prevented him from securing and following a substantially gainful occupation based on his education and work history.
- Claimed conditions
- muscle injuries from a gunshot wound to the torso, posttraumatic stress disorder (PTSD), left nephrectomy, type II diabetes mellitus, peripheral neuropathy of the left and right lower extremities, bilateral hearing loss, tinnitus, scars on the abdomen and the right eye area, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20006026
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
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