The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining all forms of substantially gainful employment, thus the claim for TDIU is denied.
The deciding factor: The Veteran voluntarily retired after 24 years of service in air traffic control. His service-connected disabilities are productive of some degree of disability but do not prevent him from securing or following a substantially gainful occupation.
- Claimed conditions
- cluster headaches, right shoulder degenerative joint disease with bicipital and rotator cuff tendonitis, labral tear, acromioclavicular joint osteoarthritis and glenohumeral joint dislocation, left shoulder separation and degenerative joint disease status post fracture with glenohumeral and acromioclavicular joint osteoarthritis, left knee Osgood-Schlatter disease, right knee Osgood-Schlatter disease, rhinitis with sinusitis, tinnitus, right little finger status post fracture, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- October 23, 2020
- Citation
- A20015953
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.
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.