The Veteran's service-connected disabilities, including his right hip disability, back disability, tinnitus, bilateral hearing loss, and leg radiculopathies, are not considered sufficient to meet the criteria for a TDIU from September 25, 2005 to October 29, 2010.
The deciding factor: The Veteran's service-connected disabilities do not render him unemployable without regard to advancing age and non-service connected conditions. The adverse symptomatology caused by his service-connected right hip disability, back disability, leg radiculopathies, tinnitus, and bilateral hearing loss are both contemplated in the rating criteria.
- Claimed conditions
- {"condition_name":"Right Hip Disability","rating":10,"effective_date":null,"disability_status":"Service Connected"}, {"condition_name":"Back Disability","rating":40,"effective_date":"2007-11-01","disability_status":"Service Connected"}, {"condition_name":"Tinnitus","rating":10,"effective_date":"2003-04-17","disability_status":"Service Connected"}, {"condition_name":"Bilateral Hearing Loss","rating":0,"effective_date":"2003-04-17","disability_status":"Service Connected"}, {"condition_name":"Right Leg Radiculopathy","rating":10,"effective_date":"2005-09-29","disability_status":"Service Connected"}, {"condition_name":"Left Leg Radiculopathy","rating":10,"effective_date":"2005-09-29","disability_status":"Service Connected"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073811
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
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