The Veteran's service-connected disabilities, including residuals of a fractured right tibia and fibula, osteoarthritis of the right hip, donor site scars of the right leg, absence of a right lateral cutaneous nerve, and bilateral hearing loss, preclude him from securing and following a substantially gainful occupation. The Board has determined that TDIU is warranted based on these service-connected disabilities.
The deciding factor: The Veteran's service-connected disabilities are rated at 70% combined, including one disability rated at 40% or more (residuals of a fractured right tibia and fibula), which meets the criteria for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- residuals of a fractured right tibia and fibula, osteoarthritis of the right hip, donor site scars of the right leg, absence of a right lateral cutaneous nerve, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 22, 2013
- Citation
- 1333054
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 1333054.
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.
- 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 bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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