The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to July 19, 2022. From July 19, 2022, the combined disability rating is 70 percent, which does not meet the criteria for a TDIU.
The deciding factor: The Veteran's service-connected disabilities did not render him unemployable prior to July 19, 2022, as he was able to work full-time in sales until May 2015 and part-time at various restaurants after that. His combined disability rating from March 17, 2010 was 30 percent; from February 6, 2012, his combined disability rating was 50 percent; from November 4, 2014, his combined disability rating was 70 percent.
- Claimed conditions
- Major depressive disorder, Anxious distress, Somatic symptom disorder, Bilateral tinea pedis with right foot hyperkeratosis and left foot calluses, Right ankle ankylosis, Right pes cavus with hammer toes associated with right ankle ankylosis, Left ankle sprain, Severe hyperkeratosis, right foot, Herpes, Erectile dysfunction associated with major depressive disorder, anxious distress, and somatic symptom disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- July 17, 2023
- Citation
- 23039444
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 23039444.
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.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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.