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
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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