The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his other nonservice-connected conditions and work experience make it possible for him to find another means of employment.
The deciding factor: The Veteran's service-connected disabilities alone are not sufficient to render him unemployable due to the presence of significant nonservice-connected conditions and his educational background.
- Claimed conditions
- bilateral hearing loss, tendonitis of the left shoulder, tendonitis of the right shoulder, fracture of C2 with traumatic arthritis of the cervical spine, benign paroxysmal positioning vertigo, bilateral external otitis, diabetes mellitus, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- June 17, 2009
- Citation
- 0922816
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 0922816.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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