The Veteran's combined service-connected disability rating is 90%, which satisfies the percentage requirements for TDIU. However, his service-connected disabilities alone do not preclude him from engaging in substantially gainful employment.
The deciding factor: VA examinations and SSA records indicate that the Veteran's nonservice-connected back disorder prevents him from working, rather than his service-connected conditions.
- Claimed conditions
- bilateral hearing loss, diabetes mellitus, type II, left eye retinopathy, right lower extremity diabetic peripheral neuropathy, left lower extremity diabetic peripheral neuropathy, residuals of a shell fragment wound to the left leg, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 28, 2011
- Citation
- 1143380
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 1143380.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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