The veteran's combined disability rating is 90%, meeting the minimum schedular criteria for TDIU. However, his service-connected disabilities do not render him unemployable as he can perform the physical and mental acts required by employment.
The deciding factor: The veteran's current employment history shows that he has been able to maintain full-time employment despite his service-connected disabilities, except during periods of illness or when work was reduced due to a reduction in workforce. The VA examiners did not find these conditions to affect his employability.
- Claimed conditions
- bilateral hearing loss, status post fracture of the left wrist with degenerative changes, status post fracture of the index finger of the left hand with ankylosis and osteoarthritis, bilateral tinnitus, status post fracture of the right clavicle with mild degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- December 1, 2008
- Citation
- 0841201
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 0841201.
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.
- 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 bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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