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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0729948.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.
- Whole decision: 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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