The Board has restored the Veteran's TDIU and DEA benefits, effective January 1, 2023. The original discontinuance of these benefits was improper due to a lack of clear and convincing evidence that the Veteran had been gainfully employed for at least 12 consecutive months prior to the decision.
The deciding factor: The Board found there was not clear and convincing evidence that the Veteran maintained substantially gainful employment for 12 consecutive months prior to the discontinuance of her TDIU award, which led to the restoration of these benefits.
- Claimed conditions
- TDIU, unemployability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2024
- Citation
- A24022139
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 A24022139.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's TDIU claim is remanded due to ambiguity in the earnings information provided. The Board requires additional development of the evidentiary record.
- Dismissed
The Veteran has withdrawn his appeals for a compensable rating for left ear hearing loss and entitlement to TDIU.
- Remanded (sent back)
The Veteran's TDIU claim is remanded due to incomplete employment information. The AOJ must obtain the necessary records and provide a thorough review of his employment history.
- Granted
The Veteran is granted an earlier effective date of February 4, 2020 for the grant of a total disability rating based on individual unemployability (TDIU). The Board finds that the Veteran was entitled to TDIU as of this date due to his service-connected disabilities.
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