The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his conditions did not preclude him from obtaining and maintaining substantially gainful employment.
The deciding factor: The evidence showed that while the Veteran had multiple service-connected disabilities, none were severe enough to prevent him from engaging in substantially gainful employment based on his education and occupational experience.
- Claimed conditions
- gouty arthritis, hiatal hernia with esophageal reflux, lumbar spine degenerative changes, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 23, 2020
- Citation
- 20074775
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 claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Denied
The Board denied the Veteran's appeal for an increased rating higher than 40 percent for a back disability, as the evidence did not support a finding that his symptomatology more nearly approximated unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring physician-prescribed bed rest.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.