The Veteran's appeal for a TDIU rating prior to December 4, 2021 is denied as she was gainfully employed during this period. The issue of TDIU from December 4, 2021 to February 7, 2024 is remanded due to an inextricably intertwined pending appeal for a higher initial rating for her back disability.
The deciding factor: The Veteran's employment status prior to December 4, 2021 was not considered substantially gainful employment as she earned $58,000 during her last year of work and had been employed full-time since at least 2017. The issue is remanded due to an inextricably intertwined pending appeal for a higher initial rating for her back disability.
- Claimed conditions
- back disability, bilateral lower extremity radiculopathy, bilateral foot conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2024
- Citation
- 24033825
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 24033825.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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