The Veteran's service-connected conditions do not render him unable to secure and maintain substantially gainful employment, as he has returned to work as a boat mechanic. The Board finds that the evidence does not reach equipoise with respect to this claim.
The deciding factor: The Veteran's service-connected disabilities are rated at 90%, meeting the schedular requirements for TDIU. However, his failure to provide information about his employment history and current status prevents the Board from determining whether he is unable to secure or maintain substantially gainful employment due to these conditions.
- Claimed conditions
- persistent depressive disorder, ulcerative colitis, left lower extremity radiculopathy, hypertension, bilateral pes planus and plantar fasciitis, tinnitus, left hip greater trochanteric bursitis, scoliosis of the lumbar spine, hemorrhoids, left orchalgia status post left inguinal hernia repair, abdominal surgical scars secondary to left inguinal hernia, migraine headaches, left hip greater trochanteric bursitis with limited flexion, chronic sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 18, 2020
- Citation
- 20074123
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.
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The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- 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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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