The Veteran's service-connected disabilities, including bilateral hearing loss, degenerative disc disease of the lumbar spine, and tinnitus, meet the criteria for a TDIU effective September 17, 2009. The claim is remanded to consider entitlement to a TDIU prior to that date on an extra-schedular basis.
The deciding factor: The Veteran's service-connected disabilities are rated at least 40 percent disabling and result in a combined rating of at least 70 percent, meeting the schedular requirements for a TDIU effective September 17, 2009. The claim is remanded to consider whether additional factors warrant an extra-schedular evaluation prior to that date.
- Claimed conditions
- bilateral hearing loss, degenerative disc disease of the lumbar spine, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 20, 2010
- Citation
- 1002992
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 1002992.
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.
- 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.
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.