The Veteran's service-connected disabilities did not preclude him from securing or maintaining substantially gainful employment prior to January 1, 2016.
The deciding factor: The evidence does not show that the Veteran’s service-connected conditions rendered him unable to secure and maintain substantially gainful employment.
- Claimed conditions
- status post right hip replacement, post-traumatic stress disorder (PTSD) with unspecified depressive disorder, status post right shoulder arthroplasty, total knee replacement, right knee strain with osteoarthritis associated with status post right hip replacement, painful scars, right hip, associated with status post right hip replacement, impairment of the left knee (instability) associated with total left knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2020
- Citation
- 20067786
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.
- Partly granted
The Board denied increased ratings for the lumbar spine disability, right and left lower extremity radiculopathy (femoral), posterior trunk scars, and painful scars. However, it granted a rating of 40 percent for the lumbar spine disability from August 30, 2022, an earlier effective date of April 10, 2019, for service connection for painful trunk scars, and an earlier effective date of November 9, 2020, for TDIU and DEA.
- Partly granted
The Board granted an effective date of November 20, 2012, and no earlier, for the grant of eligibility for Dependents' Educational Assistance (DEA) under 38 USC chapter 35 but denied earlier effective dates for service connection claims and increased ratings.
- Dismissed
The veteran's appeal for service connection was dismissed due to untimely filing.
- Remanded (sent back)
The Board remands the case to obtain additional evidence regarding the Veteran's employment and the impact of his service-connected conditions on his ability to work.
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