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Denied

The Veteran's appeal for a rating in excess of 70 percent for PTSD was denied, as his symptoms did not meet the criteria for a 100 percent disability rating.,The Veteran's appeal for TDIU was also denied due to incarceration and because he had already been awarded special monthly compensation (SMC) based on his service-connected disabilities.

The deciding factor: The severity, frequency, and duration of the Veteran's PTSD symptoms did not meet the criteria for a 100 percent disability rating. The VA examiners found that while the Veteran experienced occupational and social impairment with reduced reliability and productivity (70 percent), he did not experience total occupational and social impairment.,The Veteran was incarcerated from July 14, 2018 to the present, which rendered him ineligible for a TDIU. Additionally, his combined disability rating at the time of the appeal was already sufficient to qualify for special monthly compensation (SMC).

Claimed conditions
Posttraumatic Stress Disorder (PTSD), Muscle injuries related to a 1982 gunshot wound
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
January 18, 2024
Citation
24002761

Veterans Law Judge

MICHELLE L. KANE

Decisions by this judge: 2,592 · Granted: 19% (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 24002761.

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