The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to October 9, 2021. The Board found that the Veteran was still employed at the time of his appeal.
The deciding factor: The Veteran maintained employment until October 8, 2021, earning over $60,000 annually and exceeding the poverty threshold established by the United States Department of Commerce, Bureau of the Census. The Board found that this constituted substantially gainful employment and thus denied TDIU.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Right Shoulder Strain, Left Shoulder Strain, Lumbar Strain, Right Knee Recurrent Subluxation/Instability associated with Patellofemoral Syndrome, Patellofemoral Syndrome of the Left Knee, Patellofemoral Syndrome of the Right Knee, Right Ankle Strain, Bilateral Pes Planus, Tinnitus, Gastroesophageal Reflux Disease (GERD), Hyperparathyroidism, status post parathyroidectomy, Scars, surgical left anterior neck associated with Hyperparathyroidism, Sleep Apnea, associated with PTSD, Hypertension and Scar of the Right Forearm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 23, 2022
- Citation
- 22065617
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 22065617.
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 PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
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