The Board has found that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to July 19, 2019. The case is being remanded for further development regarding the Veteran's claim of service connection for sleep apnea.
The deciding factor: The Veteran was working full-time in a non-protected environment during the appeal period prior to July 19, 2019, and his employment did not meet the criteria for TDIU due to his service-connected disabilities.
- Claimed conditions
- adjustment disorder with depression and anxiety, chronic lumbar strain, left knee degenerative changes, left knee instability, tinnitus, right and left lower extremity radiculopathy of the sciatic nerve and the femoral nerve, right knee status post meniscectomy, chronic skin rash, mid penile shaft fibrosis, left forehead scar, bilateral hearing loss, right knee scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- 23064784
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 23064784.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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