The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.
The deciding factor: The Veteran's combined disability rating is 80%, which meets the schedular criteria for a TDIU. However, there is no probative medical opinion indicating he was precluded from gainful employment solely by reason of his service-connected disabilities.
- Claimed conditions
- Peripheral Vestibular Disorder, Left Shoulder Strain, Left Shin Scar, Lumbar Strain, Right Chondromalacia of Patella, Left Chondromalacia of Patella, Tinnitus, Traumatic Brain Injury (TBI), Migraines, Left Shin Paresthesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- October 21, 2022
- Citation
- 22059317
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 22059317.
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 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 Veteran's PTSD was granted a maximum disability rating of 100 percent effective December 12, 2022. The ratings for migraines and IBS with GERD were restored from noncompensable to their previous levels.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but remanded the claim for degenerative disc disease with degenerative arthritis.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
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