The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to January 31, 2011, as his service-connected conditions did not prevent him from securing or following a substantially gainful occupation.
The deciding factor: The evidence showed that while the Veteran had multiple service-connected disabilities, there was no indication that these conditions prevented him from engaging in sedentary employment prior to January 31, 2011.
- Claimed conditions
- Lumbar spine disability, Cervical spine disability, Left hip disability, Left upper extremity radiculopathy, Left lower extremity radiculopathy, Rhinitis, Residuals of basal cell carcinoma, Cervical spine scar, Lumbar spine scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003096
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
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