The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and he is granted TDIU on an extra-schedular basis.
The deciding factor: The Veteran's service-connected left scapular neck fracture with axillary nerve injury, chronic left cervical strain, and left shoulder scar prevent him from securing or following a substantially gainful occupation due to his limited range of motion and pain.
- Claimed conditions
- left scapular neck fracture, axillary nerve injury, chronic left cervical strain, left shoulder scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073901
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board remands the claims for service connection for a left shoulder disability and scar due to an inadequate VA examination opinion.
- Partly granted
The Board granted service connection for tinnitus and assigned a separate 10 percent rating from November 27, 2023, for the left shoulder painful scar. The claims for an increased rating for the left shoulder disability and service connection for bilateral hearing loss were denied.
- Partly granted
The Board granted service connection for irritable bowel syndrome (IBS) and hypertension, while denying service connection for asthma, COPD, chronic coughing, sinusitis, and a left shoulder scar. The decision also remanded several other issues for further consideration.
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