The Veteran's service-connected disabilities, including major depressive disorder and lumbar strain/myositis, prevent him from securing or following substantially gainful employment. The Board finds that the evidence is in equipoise as to whether a grant of TDIU is warranted.
The deciding factor: The Veteran’s service-connected conditions render him unable to secure or follow a substantially gainful occupation due to his severe and recurrent depressive disorder, which causes difficulty with basic workday tasks.
- Claimed conditions
- major depressive disorder, lumbar strain/myositis, tinnitus, duodenitis, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- December 3, 2020
- Citation
- A20017929
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- 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.
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