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Whole decision: Denied

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
Not verified here — check the original decision
Decision date
January 10, 2024
Citation
24001690

Veterans Law Judge

Luke Pelican

Decisions by this judge: 132 · Granted: 30% (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 24001690.

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.

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