The Board denied an earlier effective date for a total disability rating based on individual unemployability due to service-connected disability, finding that the earliest date upon which the veteran had at least one disability rating of 40 percent or more and a total combined service-connected disability rating of at least 70 percent was December 10, 1996.
The deciding factor: The effective date for the award of TDIU is determined by the earliest date upon which the veteran had at least one disability rating of 40% or more and a total combined service-connected disability rating of at least 70%. The decision found that December 10, 1996 was this earliest date.
- Claimed conditions
- Multiple Sclerosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 28, 2001
- Citation
- 0126842
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. Search VA.gov for the original decision (opens in a new tab) using citation 0126842.
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: Remanded (sent back)
The Board has decided to remand the case for additional development, including obtaining records of the Appellant's reserve component service and conducting a VA examination to determine if her multiple sclerosis is related to service.
- Whole decision: Remanded (sent back)
The Board has determined that new and relevant evidence has been received to warrant readjudication of the previously denied claims for service connection for Multiple Sclerosis, Hypertension, and Headaches. The case is being remanded to allow for further consideration.
- Whole decision: Denied
The Veteran's right foot AFO brace did not cause wear and tear to her clothing, specifically pants, during the 2022 calendar year. Therefore, she is denied a clothing allowance for that year.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically regarding private treatment records from June 2015 to October 2017. The Veteran is asked to provide authorization for these records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.