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Granted

Total disability due to individual unemployability is granted effective April 16, 2019 and from June 11, 2020 onward.,TDIU prior to April 16, 2019 and from December 1, 2019 to June 10, 2020 is remanded due to service-connected disabilities on an extraschedular basis.

The deciding factor: The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment at least beginning April 16, 2019.,Prior to April 16, 2019 and from December 1, 2019 to June 10, 2020, the Veteran's service-connected disabilities did not meet the threshold percentage required for a schedular TDIU rating under 38 C.F.R. § 4.16(a). However, even when the criteria under 38 C.F.R. § 4.16(a) are not met, entitlement to a TDIU on an extraschedular basis may be considered when the Veteran is unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities.

Claimed conditions
Post-Traumatic Stress Disorder (PTSD), TBI, Tinnitus, Disfiguring scar, right scalp, Painful scar, right scalp, Bilateral hearing loss
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
70%
Decision date
March 11, 2024
Citation
24011362

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 24011362.

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