The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as his combined evaluation is only 40 percent, which does not meet the minimum percentage rating required for consideration of assignment of a total disability rating for individual unemployability. The Board finds that the preponderance of the evidence is against the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's combined evaluation does not meet the minimum percentage rating required for consideration of assignment of a total disability rating for individual unemployability, and his service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.
- Claimed conditions
- migraines, deviated nasal septum residual of a nose fracture, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2021
- Citation
- 21003914
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21003914.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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