The Board denied the Veteran's claim for VR&E services due to his service-connected disabilities not meeting the threshold requirements of having an employment handicap, and therefore, he is not in need of rehabilitation.
The deciding factor: The Veterans Law Judge found that the Veteran did not have an employment handicap as determined by a Vocational Rehabilitation Counselor (VRC), who concluded that the Veteran's service-connected disabilities did not preclude him from obtaining and keeping employment consistent with his abilities, aptitudes, and interests.
- Claimed conditions
- posttraumatic stress disorder (PTSD), obstructive sleep apnea, rotator cuff tendonitis and acromioclavicular joint osteoarthritis of the left shoulder, left elbow strain manifested by limitation of flexion of the forearm, left elbow disability manifested by impairment of supination and pronation, degenerative disc disease of the lumbosacral spine, tinnitus, varicose veins of the left lower extremity, varicose veins of the right lower extremity, cervical/neck strain, right ear hearing loss, allergic rhinitis, erectile dysfunction, eczema of the hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 6, 2020
- Citation
- 20064883
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
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