The Board denied entitlement to a TDIU prior to April 15, 2011, as the Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment consistent with his education and experience.
The deciding factor: The evidence showed that the Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to April 15, 2011, and he was unable to secure and follow a substantially gainful occupation due to his service-connected conditions.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Gastric ulcer gastritis and GERD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072882
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 granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
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