The Veteran's service-connected disabilities alone precluded him from obtaining or maintaining substantially gainful employment prior to November 16, 2016. Effective November 16, 2016, the Veteran was granted entitlement to TDIU on a schedular basis.
The deciding factor: The Veteran’s service-connected disabilities (bilateral hearing loss, tinnitus, left ankle and leg fractures, diabetes mellitus, peripheral neuropathy) alone precluded him from obtaining or maintaining substantially gainful employment prior to November 16, 2016. Effective that date, the Veteran was granted TDIU on a schedular basis.
- Claimed conditions
- bilateral hearing loss, tinnitus, residuals of left ankle fracture, residuals of left fibula fracture, left ankle scar, diabetes mellitus (type II), bilateral upper and bilateral lower extremity diabetic peripheral neuropathy, bilateral cataracts, diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 28, 2019
- Citation
- 19123009
Veterans Law Judge
Decisions by this judge: 2,188 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19123009.
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.
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