The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment, as his combined rating is only 40% and the functional impact of his conditions does not warrant a TDIU.
The deciding factor: The Veteran's service-connected disabilities have a combined evaluation of 40%, which does not meet the schedular criteria for entitlement to TDIU. The functional impact of his service-connected disabilities does not warrant referral for extraschedular consideration as there is no reasonable possibility that he is unemployable due to these conditions.
- Claimed conditions
- right shoulder strain, granuloma, right mid lung, tinnitus, hypertension, right cervical lymph node metastatic squamous cell carcinoma (cervical lymph node cancer), neck scar, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 12, 2023
- Citation
- 23002285
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 23002285.
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: Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Whole decision: Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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