The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) as there was insufficient evidence to show he could not secure or follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The Veteran did not submit a completed VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability, which is required to substantiate the claim of TDIU.
- Claimed conditions
- lumbosacral spine intervertebral disc syndrome, bilateral knee strains, bilateral lower extremity radiculopathies (sciatic and femoral nerves), right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2024
- Citation
- 24011577
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 24011577.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Granted
The Board has granted the Appellant's request to have his military service characterized as honorable, and has also granted service connection for various conditions including unspecified trauma and stressor related disorder with attention deficit-hyperactivity disorder, right ear hearing loss, tinnitus, scars of the left second finger and thumb, thoracolumbar spine strain, bilateral knee strains, and a right foot disorder.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
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