The Board has determined that it is not factually ascertainable prior to January 4, 2008, that the Veteran's service-connected disabilities alone rendered him unable to work and thus an effective date earlier than January 4, 2008 for a total disability rating based on individual unemployability due to service-connected disability on an extraschedular basis cannot be assigned.
The deciding factor: The evidence does not establish that the Veteran's service-connected disabilities alone caused him to be unable to work prior to January 4, 2008. The combination of his service-connected and non-service-connected disabilities prevented him from securing and following a substantially gainful occupation.
- Claimed conditions
- bilateral hearing loss, dystonic tremor, right hand (major), dystonic tremor, left hand (minor), chronic lumbar sprain with spondylosis and degenerative disk disease, radiculopathy, right lower extremity associated with chronic lumbar sprain with spondylosis and degenerative disk disease, radiculopathy, left lower extremity associated with chronic lumbar sprain with spondylosis and degenerative disk disease, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2015
- Citation
- 1539522
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 1539522.
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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