The Veteran's TDIU claim was denied for the period prior to August 10, 2022. For the period from August 10, 2022, his combined rating of 100% due to multiple service-connected disabilities rendered him eligible for SMC under a separate TDIU determination.
The deciding factor: The Veteran's PTSD and MDD did not prevent him from securing or following substantially gainful employment prior to August 10, 2022. His tinnitus impacted his ability to work but was not the primary factor in his unemployability.
- Claimed conditions
- Ischemic heart disease, Diabetes, Bilateral peripheral neuropathy of the upper and lower extremities, Acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 3, 2024
- Citation
- 24000196
Veterans Law Judge
Decisions by this judge: 857 · Granted: 35% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 24000196.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- Whole decision: Dismissed
The Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Whole decision: Remanded (sent back)
The Veteran's request to readjudicate the claim for service connection for an acquired psychiatric disability with alcohol and drug abuse is granted. The Board has determined that new and relevant evidence sufficient to readjudicate the claim has been received, but further development is needed due to a pre-decisional duty to assist error regarding verification of reported deaths in service.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
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