The Board denied the veteran's claim for an effective date prior to January 5, 1998 for a TDIU as it was factually ascertainable that he was entitled to such on that date but not within the one-year period prior to his October 22, 1997 claim.
The deciding factor: The veteran's service-connected disabilities rendered him unemployable on January 5, 1998, but were not shown to be so within a year of his TDIU claim filing.
- Claimed conditions
- Post-concussion syndrome, Dysthymic disorder, Tinnitus with vestibular and auditory nerve injury on the right
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 1, 2001
- Citation
- 0112403
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 0112403.
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 Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as there is no document in the claims file that could be construed as a formal or informal claim for TDIU prior to December 2, 2013. The effective date of the award cannot be earlier than this date.
- Denied
The Veteran's appeal was denied because the November 24, 2023 decision granting service connection for posttraumatic headaches and post-concussion syndrome was not timely appealed. The Veteran did not file a timely Board Appeal request within one year of receiving the decision.
- Granted
The Board found that the appellant's misconduct was mitigated by his combat-related experiences and mental health symptoms, leading to a decision granting VA benefits despite his bad conduct discharge.
- Denied
The Board has denied the Veteran's claims for service connection for PTSD and an acquired psychiatric disorder, including dysthymic disorder and generalized anxiety disorder. The claim was remanded to provide a VA examination to evaluate the Veteran's acquired psychiatric disorder.
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