The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment throughout the appeal period, thus his claim for TDIU is denied.
The deciding factor: The Veteran was able to perform work as a security guard while being a student, as a loss prevention officer, and then as a full-time police officer throughout the appeal periods. These are substantially gainful positions of employment and therefore, the Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment at any time during the appeal period.
- Claimed conditions
- PTSD, migraines, anxiety disorder, tinnitus, gastroesophageal reflux disease (GERD), dorsal avulsion fracture of the right little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 18, 2020
- Citation
- 20074027
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 remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- 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.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
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