The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective from November 19, 2008. The decision finds that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected back and left shoulder conditions.
The deciding factor: The Veteran's service-connected back and left shoulder conditions prevented him from performing physically demanding work as a construction worker, leading to unemployability.
- Claimed conditions
- back condition, left shoulder condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2023
- Citation
- 23005233
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 23005233.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Dismissed
The Veteran's appeal for service connection for sleep apnea has been dismissed due to the withdrawal of his request.,Service connection for a back condition is denied as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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