The Veteran's combined rating for his service-connected conditions is 60%, which does not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a). However, he was found to be unemployable due to non-service-connected factors (divorce and stress), and his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran's service-connected conditions are rated as 50%, 20%, 10%, and 0% respectively, resulting in a combined rating of 60%. While he is unemployable due to non-service-connected factors such as his divorce and stress, the service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- PTSD, Right ankle fracture with degenerative joint disease, Tinnitus, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 27, 2012
- Citation
- 1207249
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. Read the original VA decision (opens in a new tab) using citation 1207249.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Whole decision: Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
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