The Veteran's TDIU claim is granted as he has one disability rated at 40 percent or more and sufficient additional disability to bring his combined rating to 70 percent or more due to service-connected disabilities.
The deciding factor: The Veteran's combined rating of 90 percent from multiple service-connected conditions, including migraines, adjustment disorder (including anxiety and depression), degenerative arthritis of the spine with bilateral spondylosis, lower right extremity radiculopathy associated with degenerative arthritis of the spine with bilateral spondylosis, lower left extremity radiculopathy associated with degenerative arthritis of the spine with bilateral spondylosis, and tinnitus, meets the criteria for a TDIU.
- Claimed conditions
- migraines, adjustment disorder (including anxiety and depression), degenerative arthritis of the spine with bilateral spondylosis, lower right extremity radiculopathy associated with degenerative arthritis of the spine with bilateral spondylosis, lower left extremity radiculopathy associated with degenerative arthritis of the spine with bilateral spondylosis, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 14, 2018
- Citation
- 18158246
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 18158246.
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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