The Veteran's service-connected low back condition and insomnia have not prevented him from obtaining or maintaining substantially gainful employment, as his education and experience are sufficient for sedentary work.
The deciding factor: The Veteran has a combined rating of 40% due to his service-connected conditions, which does not meet the schedular criteria for TDIU. His functional limitations do not prevent him from engaging in substantially gainful employment.
- Claimed conditions
- Low Back Condition, Insomnia, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2022
- Citation
- 22042460
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 22042460.
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 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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