The veteran's claim for TDIU was granted effective September 23, 1999. The Board found that the evidence prior to this date did not meet the percentage requirements for TDIU but determined that due to his service-connected disabilities and unemployment, he is unemployable.
The deciding factor: The veteran's combined disability rating met the criteria for a total disability rating based on individual unemployability (TDIU) as of September 23, 1999. However, prior to this date, his disability ratings did not meet the percentage requirements set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- low back strain with spinal stenosis, postoperative duodenal ulcer, anxiety reaction, bilateral hearing loss, right vocal chord lesion, left tarsal cuboid bone fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 13, 2004
- Citation
- 0401073
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 0401073.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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