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 assigned
- 70%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23006580.
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.
- 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.
- 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.
- 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.
- 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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