The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience. The Board denied the claim for a TDIU on an extraschedular basis prior to May 2, 2014.
The deciding factor: The Veteran had limitations due to his left shoulder disability but was able to engage in sedentary employment that did not rely on overhead work or lifting.
- Claimed conditions
- left shoulder disability, low back disability, right knee disability, hypertension, right hemicolectomy, left elbow medial epicondylitis, painful scars as residual to an appendectomy and a left inguinal hernia, left Achilles tendonitis, residual fracture of the right index finger (of the major extremity), left fifth toe bunionectomy, erectile dysfunction, postoperative scar from a right inguinal hernia repair, benign prostatic hyperplasia, non-painful scar from postoperative scalp cyst, non-painful scar on the right index finger tip (of the major extremity), dyshidrotic eczema of the left index finger (of the minor extremity), tinea pedis of the bilateral feet, plantar warts of the bilateral feet, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2020
- Citation
- 20074545
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- 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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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