The Veteran's service-connected COPD and tinnitus do not meet the schedular requirements for a TDIU rating, as their combined rating is only 40%. The case was referred to the VA Compensation Service Director for consideration of an extraschedular TDIU rating, but this was denied.
The deciding factor: The Veteran's service-connected COPD and tinnitus do not render him unemployable due to their nature and severity, as they are rated at 40% combined. The evidence does not support that his disabilities alone prevent him from participating in a regular substantially gainful occupation.
- Claimed conditions
- COPD, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 25, 2018
- Citation
- 18138521
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 18138521.
What this means for you
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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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