The Veteran's service-connected disabilities did not meet the schedular rating requirements for a TDIU prior to December 20, 2017. The Board found that he was actually working at that time and therefore denied his claim.
The deciding factor: The Veteran had actual employment in a substantially gainful occupation prior to December 20, 2017, which constituted prima facie evidence of employability.
- Claimed conditions
- left knee, headache, lumbar spine degenerative disc disease, right shoulder, left wrist post-traumatic extensor tenosynovitis, right knee, right elbow epicondylitis, left ankle talofibular ligament strain, right shoulder scar and left knee painful scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2020
- Citation
- 20060998
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 20060998.
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 has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions and examinations regarding his claimed conditions.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions and examinations regarding his claimed conditions.
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