The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are rated less than 60% combined and none exceed 40%. The Board finds that his service-connected conditions alone do not render him unable to obtain or maintain substantially gainful employment.
The deciding factor: The Veteran’s service-connected disabilities, including type II diabetes mellitus, bilateral eye glaucoma, tinnitus, and bilateral hearing loss, are rated less than the 60% required for a TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- type II diabetes mellitus, bilateral eye glaucoma, tinnitus, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 6, 2020
- Citation
- 20000501
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.
- 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.
- 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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