The Veteran's service-connected disabilities, while limiting his employment opportunities, do not meet the criteria for a TDIU as they are less than total in severity and he has other employable skills.
The deciding factor: The Veteran's combined rating is at most 60 percent prior to October 18, 2019, which does not meet the schedular criteria for a TDIU. From October 18, 2019, his combined rating was 80 percent or higher, but he did not provide sufficient evidence of unemployability due to service-connected disabilities.
- Claimed conditions
- Residual scars of the face, nose and right ear due to basal cell carcinoma, squamous cell carcinoma and actinic keratosis, Lumbosacral strain with lumbar disc herniation, Residuals of left ankle sprain, Tinnitus, Residual scars of the left hand due to squamous cell carcinoma and right deltoid muscle due to lipoma excision, Bilateral hearing loss, Allergic rhinitis, Radiculopathy of the right and left lower extremity associated with lumbosacral strain with lumbar disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 5, 2021
- Citation
- 21067795
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. Read the original VA decision (opens in a new tab) using citation 21067795.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Whole decision: Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Whole decision: Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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