The veteran's TDIU claim was granted effective March 9, 1999. However, the Board found that he did not meet the criteria for an earlier effective date due to his failure to demonstrate unemployability within a year prior to filing the claim.
The deciding factor: The veteran failed to show unemployability by virtue of service-connected disabilities within one year prior to filing his TDIU claim in March 1999.
- Claimed conditions
- Residuals of shell fragment wound to muscle group XIII (right lower extremity), Residuals of shell fragment wound to muscle group XVII (right lower extremity), Residuals of shell fragment wound to muscle group XIII (left lower extremity), Post mortar shell wound scarring, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 28, 2001
- Citation
- 0109109
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 0109109.
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.
- Partly granted
The Board granted service connection for depressive disorder as secondary to hypertension and tinnitus, but denied service connection for bilateral hearing loss and an increased rating for hypertension.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but remanded the claim for degenerative disc disease with degenerative arthritis.
- Partly granted
The Board denied an increased rating for PTSD with alcohol use disorder and discectomy with lumbar discogenic pain but granted a 20% initial rating for left lower extremity radiculopathy from April 18, 2023 through January 16, 2024. The service connection was denied for bilateral hearing loss but granted for left knee Degenerative Joint Disease (DJD).
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
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