The veteran is unable to secure or follow a substantially gainful occupation as a result of two or more service-connected disabilities, at least one such disability is ratable at 40 percent, and the veteran's combined disability rating is 70 percent.
The deciding factor: The veteran's service-connected neck and low back disabilities render him unemployable due to severe chronic pain and limited mobility and stamina.
- Claimed conditions
- Degenerative disc disease, Diabetes mellitus, type II, Narrowing C5-6-7 with spurring and nerve root compression, Tinnitus, Right lower extremity sensory neuropathy associated with diabetes Type II, with erectile dysfunction, hypertension, nephropathy and atrophic skin changes, Left lower extremity sensory neuropathy associated with diabetes Type II, with erectile dysfunction, hypertension, nephropathy and atrophic skin changes, Residual fracture right thumb, High frequency hearing loss, left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 9, 2009
- Citation
- 0900933
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.