The veteran's total disability rating based on individual unemployability was denied as he did not meet the schedular requirements for a total combined disability rating of at least 70% due to his service-connected conditions. The effective date remains unchanged at May 3, 1995.
The deciding factor: The veteran's total combined disability rating was less than 70% as of May 3, 1995, despite having multiple service-connected disabilities.
- Claimed conditions
- Recurrent low back strain, Residuals of a fractured vertebra, Bilateral hearing loss, Residuals of a right medial meniscectomy, Residuals of a fractured right 5th metacarpal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 8, 2004
- Citation
- 0432537
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 0432537.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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