The Board denied the Veteran's claim for a total disability rating for compensation based on unemployability of the individual prior to January 6, 2016 due to lack of evidence showing that his service-connected disabilities precluded him from securing and following substantially gainful employment.
The deciding factor: The Veteran was employed through at least April 30, 2012, and reported working as a bus driver until December 2015. The medical and lay evidence did not establish that the Veteran's service-connected disabilities produced symptoms of such severity to preclude all forms of substantially gainful employment.
- Claimed conditions
- left knee instability, residuals of status post partial meniscectomy, left knee, hallus vagus, left foot, status post osteotomy, hallus vagus, right foot, status post osteotomy, arthritis with painful limited motion of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2021
- Citation
- 21024071
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 21024071.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
- Denied
The Board denied increased disability ratings for left knee limitation of flexion and left knee instability, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.
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