The Veteran's claim for an earlier effective date for TDIU and Dependents' Educational Assistance was denied as the evidence did not show that he was unable to secure or follow substantially gainful employment prior to August 27, 2012.,Eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also denied as the Veteran did not have a permanent and total service-connected disability at any time before August 27, 2012.
The deciding factor: The evidence did not support the claim that the Veteran was unable to secure or follow substantially gainful employment prior to August 27, 2012 due to his service-connected disabilities.
- Claimed conditions
- thoracolumbar spine ankylosing spondylitis, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- A20016310
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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