The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 1, 2015, as the evidence did not support finding that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
The deciding factor: The evidence was not persuasive in showing that the veteran's service-connected disabilities rendered him unemployable within the meaning of 38 C.F.R. § 4.16, as it did not show sufficient impairment to render it impossible for an average person to follow a substantially gainful occupation.
- Claimed conditions
- bipolar disorder with body dysmorphic disorder, pes planus, hammertoes, degenerative arthritis and hallux valgus of the bilateral feet, tension headaches associated with bipolar disorder, groin rash, limitation of flexion of the bilateral knees each rated as 10 percent disabling, tinnitus associated with chronic sinusitis, left knee strain recurrent subluxation or instability, nasal deviation, right knee strain, left knee strain, limitation of extension, hemorrhoids, tinea pedis of the bilateral feet, pseudofolliculitis barbe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001370
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 Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Partly granted
The Board granted service connection for left hip iliopsoas tendonitis, right knee strain, and left knee strain as secondary to lumbosacral strain. Service connection was also granted for cannabis use disorder as secondary to mental health conditions of PTSD, major depressive disorder with alcohol use disorder, and TBI. However, the Board denied an initial disability rating in excess of 70 percent for PTSD and granted a separate disability rating of 40 percent for TBI.
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