The Veteran's service-connected disabilities, including degenerative disc disease and degenerative joint disease of the lumbar spine, cervical spine, tinnitus, right knee disorders, and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran has a combined disability rating of 60 percent for his service-connected conditions but does not meet the criteria for a TDIU rating under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Degenerative disc disease and degenerative joint disease, L4-5, L5-S1, lumbar spine, Disc herniation, C6, cervical spine, Tinnitus, Mild degenerative changes, right knee, with history of tear, medial meniscus, Ligamentous laxity AP direction, right knee associated with mild degenerative changes, right knee, with history of tear, medial meniscus, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 28, 2012
- Citation
- 1240667
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 1240667.
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 service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- 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.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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