The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) prior to February 13, 2012, and dismissed the claims for increased ratings for varicose veins of the left and right lower extremities.
The deciding factor: There was not clear evidence of an increase in the Veteran's disabilities during the relevant one-year look-back period, and even assuming there was, he was not unable to secure and follow a substantially gainful occupation as a result of his service-connected disabilities for the period prior to February 13, 2012.
- Claimed conditions
- varicose veins of the left lower extremity, varicose veins of the right lower extremity, left ear hearing loss, bilateral orchialgia, scars, left and right lower abdominal quadrant and left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000077
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.
- 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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the issues of entitlement to a higher disability rating for varicose veins of both lower extremities due to insufficient medical opinions regarding the effects of medication.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
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