The veteran's claim for a total rating based on individual unemployability is denied as the effective date cannot be earlier than May 8, 1997 due to the one-year rule and his service-connected disability.
The deciding factor: The VA law and regulations provide that an effective date for a total rating based on individual unemployability can only be assigned no earlier than the date of receipt of claim or the date entitlement arose, whichever is later. In this case, the veteran's original claim was received more than one year after his discharge from service.
- Claimed conditions
- Psychiatric disability, Fibromyalgia, Peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 8, 2002
- Citation
- 0203164
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 0203164.
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.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new examination and further developing evidence related to toxic exposure during service.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
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