The Board has granted a TDIU from October 31, 2020 based on the Veteran's service-connected disabilities and his inability to secure or maintain substantially gainful employment due to his knee conditions and depressive disorder. The Board denied a TDIU prior to October 31, 2020 as there was not sufficient evidence of unemployability at that time.
The deciding factor: The Veteran's service-connected disabilities, including his bilateral knee conditions and unspecified depressive disorder with anxious distress, rendered him unable to secure or maintain substantially gainful employment since October 31, 2020. The Board found the evidence in approximate balance regarding his income and work history, leading to a finding of unemployability from that date.
- Claimed conditions
- Unspecified depressive disorder with anxious distress, Right knee degenerative joint disease and bipartite patella with limitation of flexion, Left knee degenerative joint disease and bipartite patella with limitation of flexion, Right knee degenerative joint disease and bipartite patella with instability, Right knee degenerative joint disease and bipartite patella with symptomatic removal of semilunar cartilage, Left knee degenerative joint disease and bipartite patella with instability, Left knee scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 3, 2023
- Citation
- 23025579
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 23025579.
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.
- Granted
The Veteran's claim for an increased rating of 70 percent for unspecified depressive disorder with anxious distress is granted, effective December 21, 2024. The claim for service connection for gastroesophageal reflux disease (GERD) is denied.
- Granted
The Veteran's rating for radiculopathy of the left lower extremity was restored to 20 percent, effective February 24, 2020. The Veteran's depressive disorder and scars were all granted increased ratings.
- Granted
The Veteran's left knee disability, including his scars and total knee arthroplasty, is rated at a maximum of 60 percent effective September 1, 2023.
- Remanded (sent back)
The Veteran's claims for increased ratings and benefits related to his PTSD are being remanded due to a pre-decisional duty to assist error. Specifically, the AOJ should obtain records from the Vet Center.
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