The Veteran's service-connected disabilities, which include bilateral hearing loss (60%), PTSD (30%), shell fragment wound to the left knee (20%), tinnitus (10%), degenerative changes of the left knee (10%), and varicosities of the left leg (10%), do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran's combined disability rating is 80%, which meets the schedular criteria for TDIU, but his individual service-connected disabilities are rated at less than 40% disabling each, failing the specific percentage requirement set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- Bilateral Hearing Loss, Posttraumatic Stress Disorder (PTSD), Residuals of Shell Fragment Wound to the Left Knee, Tinnitus, Degenerative Changes of the Left Knee, Varicosities of the Left Leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- April 6, 2010
- Citation
- 1012961
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 1012961.
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.
- Denied
The Board denied an initial disability rating in excess of 50 percent for PTSD, finding the appellant's symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
- 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.
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