The Veteran was gainfully employed during the period prior to January 4, 2012. Therefore, a TDIU for this period is denied.
The deciding factor: The Veteran's employment as an instructor at Aerotek exceeded the poverty threshold and did not involve protected or sheltered employment that would qualify him for a TDIU.
- Claimed conditions
- left knee osteoarthritis, low back strain, left shoulder impingement, left lower extremity radiculopathy, right lower extremity radiculopathy, pseudofolliculitis barbae, right knee osteoarthritis, residuals of a right middle finger surgery, bilateral plantar fasciitis, left knee scar, bilateral dermatophytosis of nails
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007643
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
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