The Board denied a TDIU from November 2, 2016, to July 17, 2017, due to the Veteran's ability to maintain gainful employment during this period. The Board found that his service-connected disabilities did not prevent him from securing and following substantially gainful occupation.
The deciding factor: The Veteran was able to maintain full-time employment despite his service-connected disabilities, which precluded him from obtaining or maintaining a TDIU prior to November 2, 2016.
- Claimed conditions
- lumbar degenerative disc disease with intervertebral disc syndrome, sciatica of the right lower extremity, status post fracture of right fibula mid shaft with patellofemoral pain syndrome, status post excision right great toenail, laceration scar of the right eyebrow, atopic dermatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 18, 2022
- Citation
- 22064665
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 22064665.
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 low back disability, diagnosed as lumbosacral strain, osseous & subluxation stenosis of lumbar foramina, is granted with a rating of 40 percent effective February 9, 2024. The other service connection claims are also granted.
- Denied
The Veteran's appeal is denied as the disability rating for atopic dermatitis and pilaris keratosis was reduced from 60 percent to 30 percent effective July 1, 2020. The Veteran does not meet criteria for a higher rating.
- Denied
The Veteran's service-connected low back disability was reduced from a 50 percent rating to a 10 percent rating, effective October 1, 2024. The appeal challenging this reduction is granted, and the 50 percent rating is restored.
- Remanded (sent back)
The Board has remanded the claims for service connection for lumbar spine condition, sciatica of the bilateral lower extremities, and bilateral hips due to outstanding VA records. The Veteran's treatment records from Fayetteville VAMC need to be re-associated with the claims file.
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