The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined rating is less than 70% and he does not have two or more service-connected disabilities with one disability rated at 40% or higher. The adverse symptomatology caused by his right shoulder disability, bilateral hearing loss, and tinnitus are both contemplated by the rating criteria.
The deciding factor: The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation as their adverse symptomatology is adequately compensated for by the current ratings.
- Claimed conditions
- Right Shoulder Disability, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 16, 2020
- Citation
- 20067184
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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