The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a TDIU prior to June 19, 2017 due to his employment status and income records.
The deciding factor: The Veteran had multiple service-connected disabilities that met the schedular requirements for a TDIU but failed to demonstrate that he was unable to secure or follow substantially gainful employment prior to June 19, 2017.
- Claimed conditions
- Major depressive disorder, Lumbar spine degenerative disc disease (low back disability), Right knee residuals of torn ligament (instability), Left lower extremity radiculopathy (sciatic nerve), Radiculopathy of the femoral nerve, right lower extremity, Left lower extremity radiculopathy (anterior and femoral nerve), Left knee strain, Right knee residual (limitation of extension), Metatarsalgia bilateral feet, Left ear hearing loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 29, 2020
- Citation
- A20016205
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 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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