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
- Not verified here — check the original decision
- Decision date
- January 13, 2004
- Citation
- 0401073
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0401073.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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