The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to September 22, 2009. The Board finds that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable solely by reason of his service-connected disabilities and thus, entitlement to a TDIU rating on an extraschedular basis has been denied.
The deciding factor: The Veteran's employment history does not support a finding of unemployability due to his service-connected disabilities. The Veteran had multiple periods of employment throughout the appeal period, including full-time work as a manager and part-time work as a sales associate. His physical limitations were noted but did not prevent him from performing substantial gainful employment.
- Claimed conditions
- muscle atrophy of the right calf, soft tissue lacerations of the right foot and heel with residual pes planus, intervertebral disc syndrome of the cervical spine, left upper extremity cervical radiculopathy, pelvic rotation associated with soft tissue lacerations to right foot and heel with residual pes planus, neurological impairment of the right foot, tinnitus, lumbosacral strain with intervertebral disc syndrome and degenerative disc disease, degenerative disc disease of the cervical spine, degenerative joint disease of the left knee, painful scar of the right foot, scars of the right ankle/heel
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2022
- Citation
- 22058186
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. Read the original VA decision (opens in a new tab) using citation 22058186.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Whole decision: Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Whole decision: Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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