The Veteran's gout has been rated at 60 percent since the grant of service connection, effective prior to October 1, 2019. From October 1, 2019 onwards, a higher rating is not warranted. The Veteran's TDIU claim was denied as he did not complete the necessary VA Form 21-8940 and there was insufficient evidence of unemployability due to service-connected disabilities.
The deciding factor: The Veteran’s gout has manifested with frequent severe flare-ups, resulting in significant functional impairment. However, his overall disability rating does not meet the criteria for a total disability rating based on individual unemployability (TDIU) as he did not complete the necessary VA Form 21-8940 and there was insufficient evidence of unemployability due to service-connected disabilities.
- Claimed conditions
- gout, migraine headaches, left shoulder arthralgia, right shoulder arthralgia, right wrist tendonitis, lumbar spine disability, cervicalgia, right ankle, left wrist tendonitis, right pes planus, left pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 22, 2020
- Citation
- 20028437
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. Look up the original decision on VA.gov (opens in a new tab) using citation 20028437.
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 has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Remanded (sent back)
The Board has remanded the Veteran's gout claim for additional development, including obtaining an adequate VA examination and ensuring all relevant records are obtained. The TDIU claim is also being remanded.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
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