The Veteran's service-connected disabilities meet the percentage rating standards for TDIU, but he is not currently unemployable due to his service-connected conditions.
The deciding factor: The Veteran has a combined rating of 70% based on his service-connected disabilities. However, the VA examination did not specifically address whether or not the Veteran's service-connected spine conditions render him unable to secure and follow a substantially gainful occupation.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Cervical spine fusion, Tinnitus, Irritable bowel syndrome (IBS), Multiple actinic keratosis lesions status post excision, status post excision basal cell carcinoma right temple, Bilateral sensorineural hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 27, 2010
- Citation
- 1004104
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 1004104.
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 depressive disorder as secondary to hypertension and tinnitus, but denied service connection for bilateral hearing loss and an increased rating for hypertension.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but remanded the claim for degenerative disc disease with degenerative arthritis.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
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