The Veteran's combined disability rating is 60%, which does not meet the minimum percentage requirements for a TDIU. The preponderance of evidence demonstrates that the Veteran is not unemployable only by reason of service-connected disabilities, and referral for extraschedular consideration is not warranted.
The deciding factor: The Veteran's combined disability rating (40% for back disability + 20% for hearing loss + 10% for tinnitus) does not meet the minimum percentage requirements set forth in 38 C.F.R. § 4.16(a). The VA examiner opined that the Veteran's service-connected disabilities, alone, do not prohibit all forms of employment.
- Claimed conditions
- back disability, hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 27, 2010
- Citation
- 1040379
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 1040379.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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).
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
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