The Board denied the Veteran's claim for a total disability evaluation due to individual unemployability (TDIU) prior to May 14, 2010 as he was gainfully employed on a full-time basis and there is no evidence of protected employment.
The deciding factor: The Veteran was gainfully employed by Broward County Mass Transit Division throughout the period at issue and his employer did not provide any special accommodations or consider him to be in a 'protected environment' due to his service-connected disabilities. The Board found that the Veteran's employment with the agency constituted regular, non-protected work.
- Claimed conditions
- sinusitis, cluster headaches, chronic fatigue, lower motor neuron disease of the bilateral lower extremities, irritable bowel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 7, 2020
- Citation
- 20023878
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 20023878.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Whole decision: Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for adhesions as secondary to irritable bowel syndrome, finding that there was no nexus between the claimed condition and service or a service-connected disability.
- Whole decision: Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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