The Board denied the veteran's claim for an earlier effective date for his TDIU due to service-connected disabilities, finding that it was not factually ascertainable that he had been unemployable prior to December 5, 1997.
The deciding factor: The evidence did not show a factual increase in disability from December 1996 to December 1997 sufficient for an earlier effective date.
- Claimed conditions
- adjustment disorder with depressed mood, post-traumatic headaches, bilateral patellofemoral arthritis, tinea versicolor, bilateral hearing loss, hemorrhoids, status post bilateral hernia repair, healed granuloma of the right lung, residual right eyebrow shell fragment scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- September 10, 2001
- Citation
- 0122262
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 0122262.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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