The Board denied the Veteran's claim for a TDIU on an extraschedular basis prior to December 8, 2011, finding that there was no evidence showing he became unemployable due to his service-connected disabilities within one year prior to his claim.
The deciding factor: There is no medical evidence demonstrating that the Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment within the one-year period prior to his claim for an increased rating for his back disability.
- Claimed conditions
- Degenerative disc disease with intervertebral disc syndrome, Radiculopathy of the bilateral lower extremities, Irritable bowel syndrome, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2023
- Citation
- 23010982
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 23010982.
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 Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Remanded (sent back)
The Board has remanded the claims for service connection due to errors in the initial decision and a need for additional medical opinions regarding the Veteran's gastrointestinal condition and right shoulder disability.
- Dismissed
The Board dismissed the appeal for service connection of irritable bowel syndrome (claimed as IBS-Gulf War Syndrome) due to withdrawal by the Veteran. The claim for tinnitus was granted.
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.