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. The Board finds that his service-connected disabilities do not preclude him from securing and maintaining substantially gainful employment.
- 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 assigned
- 60%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 21067795.
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted service connection for depressive disorder as secondary to hypertension and tinnitus, but denied service connection for bilateral hearing loss and an increased rating for hypertension.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but remanded the claim for degenerative disc disease with degenerative arthritis.
- Partly granted
The Board denied an increased rating for PTSD with alcohol use disorder and discectomy with lumbar discogenic pain but granted a 20% initial rating for left lower extremity radiculopathy from April 18, 2023 through January 16, 2024. The service connection was denied for bilateral hearing loss but granted for left knee Degenerative Joint Disease (DJD).
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