The Veteran's service-connected disabilities have not rendered her unable to secure or follow a substantially gainful occupation, and she has been employed with income exceeding the poverty threshold. Therefore, TDIU prior to October 15, 2019 is denied.
The deciding factor: The Veteran's employment as a Train Operator for Miami Dade County Department of Transportation does not meet the criteria for 'employment in a protected environment' as defined by VA regulations, and her income exceeds the poverty threshold.
- Claimed conditions
- acquired psychiatric disorder, pes planus, migraines, myofascial syndrome of the lumbar spine, gastroesophageal reflux disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- August 31, 2022
- Citation
- 22049418
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 22049418.
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.
- 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 remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
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