The Veteran's service-connected disabilities rendered him unable to obtain or maintain a substantially gainful occupation as of December 13, 2000, the date his back disability met the criteria for a 40 percent rating. The effective date is set at December 13, 2000.
The deciding factor: The Veteran first met the schedular criteria for an award of total disability as of December 13, 2000, when his service-connected low back disability met the criteria for a 40 percent rating and his combined service-connected disability rating increased to 70 percent. The subsequent VA examination findings of unemployability were based on the level of back disability.
- Claimed conditions
- chronic lumbar strain, asthma, gastroesophageal reflux disease, residuals of right clavicular resection, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- May 29, 2013
- Citation
- 1317473
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 1317473.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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