The Board denied the veteran's claim for new and material evidence to reopen his left hip disability claim. The TDIU claim was also denied as he did not meet the percentage requirements set forth in 38 C.F.R. § 4.16(a).
The deciding factor: The veteran's combined rating of 80% does not meet the percentage requirements for a total compensation rating based upon individual unemployability.
- Claimed conditions
- left hip disability, PTSD, diabetes mellitus, bilateral hearing loss, tinnitus, residuals of cuboid fracture of right foot, residuals of shell fragment wound in right thigh, excision scar behind right ear, residuals of shell fragment wound in left buttock
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- July 1, 2008
- Citation
- 0821592
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 0821592.
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.
- 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.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- 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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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