The veteran's service-connected disabilities, while disabling, do not preclude him from engaging in substantially gainful employment consistent with his education and occupational experience.
The deciding factor: The veteran's service-connected conditions are rated at various levels but do not collectively meet the criteria for a TDIU as they do not prevent him from maintaining substantial gainful employment given his educational background and work history.
- Claimed conditions
- residuals of shell fragment wound, right thigh with loss of tissue, residuals of shell fragment wound, left thigh with loss of tissue, residuals of shell fragment wound, right scapula, chronic conjunctivitis and blepharitis, residuals of shell fragment wound, right lower leg with retained shrapnel in posterior soft tissues, tender scar, right lower leg (residuals of shell fragment wound), tender scar, right scapula (residuals of shell fragment wound), tender scar, right thigh (residuals of shell fragment wound), tender scar, left thigh (residuals of shell fragment wound), tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- September 16, 2008
- Citation
- 0831608
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 0831608.
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.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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