The Board denied the Veteran's claim for TDIU as there was no evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.
The deciding factor: The Veteran reported being self-employed and engaged in various activities, which contradicted the functional limitations noted during VA examinations.
- Claimed conditions
- left knee arthroplasty, left shoulder impingement syndrome, degenerative arthritis of the lumbar spine, scars on the left shoulder and left knee, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- October 26, 2020
- Citation
- 20069046
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 earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
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