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 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.
- 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.
- 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.
- 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.
- 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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