The Board denied an earlier effective date for a total rating based on individual unemployability due to service-connected disabilities, finding that the claim was received in December 8, 1993 and no prior informal claim existed within one year prior.
The deciding factor: The earliest date as of which the increase in disability was factually ascertainable is December 8, 1993, when the veteran submitted his most recent claim for increased ratings and a total rating based on individual unemployability.
- Claimed conditions
- schizophrenia, degenerative changes of the cervical spine with limitation of motion, post-operative arthrotomy of the right knee with chondromalacia and Pelligrini-Stieda's disease with arthritis, fracture of the left femur due to gunshot wound, rotator cuff tear of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 31, 2003
- Citation
- 0301997
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0301997.
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: Granted
The Veteran's schizophrenia is rated at 70 percent, indicating significant impairment in work and social functioning.
- Whole decision: Dismissed
The Board dismissed the claims for an effective date prior to August 18, 2016, for a 100 percent disability rating for schizophrenia and for spousal SMC for aid and attendance. The Veteran's claim was erroneously adjudicated by the AOJ and constitutes a free-standing earlier effective date claim.
- Whole decision: Remanded (sent back)
The Board has found that the Appellant's discharge from service is not a bar to VA compensation benefits, but it was an error in fulfilling VA's duty to assist not to obtain a medical opinion addressing the extent of any psychiatric symptoms during service and their effect on the Appellant's behavior. The matter is therefore remanded for further action.
- Whole decision: Remanded (sent back)
The Veteran's past-due benefits from the May 2024 rating decision were not fully paid to him, and the Board has ordered VA to quickly verify and pay any remaining amounts owed.
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