The Veteran's service-connected disabilities were of such severity prior to December 16, 2011 so as to preclude all forms of substantially gainful employment. The Board granted a total disability rating based on individual unemployability on an extraschedular basis.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran's service-connected disabilities were of such severity prior to December 16, 2011 so as to preclude all forms of substantially gainful employment.
- Claimed conditions
- shell fragment wound, left leg with damage, muscle group XII, shell fragment wound, left forearm, muscle group VII, shell fragment wound, right leg, muscle group XI, pseudogout/chondrocalcinosis, right knee, tinnitus, bilateral hearing loss, scar, shell fragment wound, right knee, scar, shell fragment wound, left leg, scar, shell fragment wound, left arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 13, 2018
- Citation
- 1809196
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 1809196.
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 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.