The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extra-schedular basis, finding that his service-connected conditions did not render him unable to secure or follow substantially gainful employment.
The deciding factor: The Veteran failed to cooperate with VA’s efforts in obtaining information and evidence needed to substantiate his TDIU claim, making the record incomplete.
- Claimed conditions
- Cubital tunnel syndrome (CTS) of the right upper extremity, CTS of the left upper extremity, Lumbosacral spine strain, Chondromalacia patella of the left knee, Chondromalacia patella of the right knee, CTS of the right upper extremity (RUE), Recurrent venereal warts, Temporomandibular joint disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081265
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.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Partly granted
The Veteran was granted a 70 percent rating for PTSD prior to October 11, 2018, but denied higher ratings for his knee and spine conditions.
- Remanded (sent back)
The Board remands the claims for service connection for temporomandibular joint disorder, low back condition, right lower extremity radiculopathy, acquired psychiatric disorder, and bilateral hearing loss to obtain additional evidence.
- Granted
The Board granted service connection for temporomandibular joint disorder, cranial nerve dysfunction, and obstructive sleep apnea.
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