The Veteran's TDIU claim prior to May 14, 2016 is denied as there was no factually ascertainable date within one year prior to the May 14, 2016, claim that indicated his service-connected disabilities prevented him from maintaining substantially gainful employment. The DIC benefits claim under 38 U.S.C. § 1318 is also denied because the Veteran did not meet the criteria for continuous total disability rating of at least five years prior to death.
The deciding factor: The evidence does not show that the Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment within one year prior to his TDIU claim, nor did he meet the requirement of a continuous total disability rating for at least five years prior to his death.
- Claimed conditions
- residuals of a right thigh gunshot wound, loss of use of the right lower extremity, hearing loss, GSW scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 1, 2023
- Citation
- 23006580
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 23006580.
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 Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Whole decision: Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Whole decision: Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Whole decision: Granted
The Veteran's service-connected PTSD prevented him from securing and following a substantially gainful occupation.,Given the grant of TDIU based on his service-connected PTSD, the Veteran has a single service-connected disability rated as total (PTSD) and additional service-connected disabilities independently ratable at 60 percent or more.
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