The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, as his employment in a family-owned funeral home and other part-time work did not meet the criteria for TDIU.
The deciding factor: The Veteran's income from his family-owned funeral home exceeded the poverty threshold at all times during the pendency of the appeal, preventing him from qualifying for TDIU based on unemployability due to service-connected disabilities.
- Claimed conditions
- Depressive Disorder, Posttraumatic Complex Partial Seizure Disorder, Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 26, 2020
- Citation
- 20035907
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 20035907.
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: Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Whole decision: Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Whole decision: Granted
The Veteran's psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- Whole decision: Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
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