The Board found that a TDIU was not warranted and denied the claim. The effective date for the grant of a 50 percent rating for post-traumatic nasal deformity with epistaxis and sinusitis remains unchanged at December 3, 2004.
The deciding factor: The veteran's service-connected disabilities did not meet the schedular requirements for TDIU due to their combined disability rating being less than 70% when considering only his service-connected conditions. The Board also found that the preponderance of evidence did not support a finding of unemployability solely based on his service-connected conditions.
- Claimed conditions
- post-traumatic nasal deformity with epistaxis and sinusitis, residuals of a right orbit fracture, residuals of a fracture of the right malleolar bone
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 21, 2007
- Citation
- 0729948
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 0729948.
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.
- Denied
The Board has denied the veteran's claim for an earlier effective date for a 50% rating for post-traumatic nasal deformity with epistaxis and sinusitis, as there was no evidence of increased disability prior to December 3, 2004. The issue of service connection for sleep apnea and COPD remains pending.
- Remanded (sent back)
The Board has denied the veteran's claim for a TDIU due to his service-connected disabilities, finding that they do not preclude him from obtaining or maintaining substantially gainful employment. The case is now remanded for further development and consideration.
- Dismissed
The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.
- Denied
The veteran's service-connected disabilities are not of such nature and severity as to prevent him from maintaining any substantially gainful employment consistent with his education/training and experience.
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