The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for the period from September 27, 2012 to December 28, 2015 and for the period from December 29, 2015 to present.
The deciding factor: The Veteran's combined ratings were at least 70% disabling during these periods, meeting the criteria for TDIU on an extraschedular basis due to his service-connected disabilities preventing him from securing or following substantially gainful employment.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Degenerative joint disease right shoulder with AC impingement and labral tear, Rotator cuff tendonitis AC tear post-surgical repair, Degenerative disc disease cervical spine, Bilateral tinnitus, Bilateral hearing loss, Radiculopathy of the right lower extremity, Residual surgical scar of the right wrist, Status post-operative carpal tunnel syndrome right upper extremity, Scar right shoulder, Scar left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- February 10, 2023
- Citation
- 23009010
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 23009010.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- 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.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
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