The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to April 2, 2016. From April 2, 2016 to June 27, 2016, the Veteran was in receipt of a total disability rating (TDIU) and Special Monthly Compensation (SMC). The appeal for TDIU is now moot as he is already receiving SMC.
The deciding factor: The Veteran's employment history showed that he had been employed until April 1, 2016. His service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to this date.
- Claimed conditions
- posttraumatic stress disorder, aphonia associated with multiple sclerosis, obstructive sleep apnea, diabetes mellitus, neurogenic bladder associated with multiple sclerosis, diabetic neuropathy of all right upper extremity radicular nerves, diabetic neuropathy of bilateral lower extremities, multiple sclerosis, diabetic neuropathy of all left upper extremity radicular nerves, tinnitus, hypertension, impairment of sphincter control of the rectum and anus associated with multiple sclerosis, residuals of a right shoulder injury, residuals of left shoulder dislocation, costochondritis, bilateral hearing loss, erectile dysfunction associated with hypertension, diabetic retinopathy with cataracts and floaters associated with diabetes mellitus, diabetic neuropathy of bilateral lower extremity femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 10, 2024
- Citation
- 24001690
Veterans Law Judge
Decisions by this judge: 132 · Granted: 30% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 24001690.
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.
- 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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- 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.
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