The Veteran's service-connected disabilities, when considered apart from any unrelated conditions, do not render him incapable of obtaining and maintaining substantially gainful employment.
The deciding factor: The Veteran's combined disability rating is 70 percent, which meets the threshold minimum percentage requirement for a TDIU. However, he failed to demonstrate that his service-connected disabilities rendered him unemployable due to their severity alone.
- Claimed conditions
- right eye enucleation, disfiguring facial scars, partial paralysis of the seventh cranial nerve, partial paralysis of the right fifth cranial nerve, anosmia, bilateral hearing loss, right maxillary sinusitis, herniorrhaphy, residuals of a maxillary fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 12, 2010
- Citation
- 1013822
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 1013822.
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.
- 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).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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