The Board denied the veteran's claim for an earlier effective date for his TDIU, finding that no evidence supported a prior effective date due to lack of timely submission of claims and unemployability during the year before November 28, 1997.
The deciding factor: The veteran did not submit a valid claim within one year of any potential increase in disability or unemployability. The earliest effective date was assigned based on the date of receipt of his TDIU application.
- Claimed conditions
- herniated nucleus pulposus at L4-L5, headaches, cervical myositis, tinnitus, granuloma of the left lung, deformity of the duodenal cap, bilateral hearing loss disability, perforated left tympanic membrane
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 8, 2003
- Citation
- 0334150
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 0334150.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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