The Veteran's service-connected conditions do not render her unable to secure or follow a substantially gainful occupation prior to September 16, 2016. The Board denied the claim for an effective date of July 30, 2014 for total disability rating due to individual unemployability (TDIU).
The deciding factor: The Veteran's service-connected conditions did not render her unable to secure or follow a substantially gainful occupation prior to September 16, 2016.
- Claimed conditions
- migraines, pseudotumor cerebri, right hip osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 29, 2020
- Citation
- A20016252
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 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.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
- Remanded (sent back)
The Board remands the matter for an appropriate VA examination to determine the current nature and severity of the Veteran's right hip disability, as the April 2021 VA examination is deemed inadequate.
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