The Veteran's TDIU claim for the period prior to March 28, 2014 was denied as his service-connected disabilities did not meet the schedular criteria for a TDIU and there is no evidence of unemployability due to these conditions.
The deciding factor: The combined rating for service-connected disabilities during the period prior to March 28, 2014 did not exceed 60%, which does not meet the schedular criteria for a TDIU. The VA examiners found that the Veteran's service-connected back and shoulder conditions alone were not sufficient to preclude him from securing and following substantially gainful employment.
- Claimed conditions
- degenerative joint disease of the right shoulder, degenerative joint disease of the lumbosacral spine, persistent depressive disorder with anxious distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 26, 2023
- Citation
- 23005145
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 23005145.
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 Veteran's claims for an initial evaluation in excess of 30 percent for persistent depressive disorder with anxious distress and service connection for ulcerative colitis are being remanded due to the failure to obtain relevant medical records.
- Whole decision: Granted
The Veteran's appeal is granted for an effective date of September 27, 2021, but the claim for a higher initial rating remains denied.
- Whole decision: Granted
The Veteran is granted a higher level of special monthly compensation (SMC) based on the need for regular aid and attendance at the rate provided by 38 U.S.C. 1114(r)(1), due to his service-connected stable angina, persistent depressive disorder with anxious distress, and Alzheimer's disease associated with diabetes mellitus type II.
- Whole decision: Granted
An effective date of October 11, 2023, and no earlier, for an increased 30 percent disability rating for service-connected migraine headaches is granted.,An effective date prior to October 11, 2023, for the award of service connection for persistent depressive disorder with anxious distress is denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.