The Veteran's service-connected disabilities are shown to prevent him from securing and following substantially gainful employment from April 24, 2009.
The deciding factor: The Veteran's physical conditions significantly impact his ability to work, and resolving reasonable doubt in favor of the Veteran, it is found that he is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- right cervical/thoracic radiculopathy with right supraclavicular thoracic outlet syndrome, status post cerebral concussion, lumbosacral strain, cervical strain with right radiculopathy, right knee instability, right knee, degenerative arthritis, scars, healed, bridge of nose, left temple and parietal areas, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000810
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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