The Board denied an earlier effective date for the award of Total Disability Rating Based on Individual Unemployability (TDIU) because the increase in disability was not ascertainable more than one year prior to the date of the application.
The deciding factor: An ascertainable increase in disability occurred more than one year before the claim, making it ineligible for an earlier effective date under 38 U.S.C.A. § 5110(b)(2).
- Claimed conditions
- bilateral knee disabilities, psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 31, 2003
- Citation
- 0336897
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 0336897.
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 dismissed the Veteran's appeal for entitlement to TDIU and denied his claims for service connection for bilateral hearing loss, tinnitus, back strain, bilateral knee disabilities, and bilateral ankle disabilities. The claims of service connection for these conditions are remanded due to a duty-to-assist error.
- Whole decision: Granted
The Board has granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Whole decision: Granted
The Board has granted service connection for the Veteran's left shoulder disability, bilateral ankle disabilities, and bilateral knee disabilities due to new and relevant evidence submitted since the last denial. Service connection is also granted for gastritis (gastrointestinal condition) and cyst scrotum on the right side.
- Whole decision: Granted
The Veteran's tinnitus and bilateral knee disabilities are granted as service-connected. The Board found that the Veteran had an onset of these conditions during active service with continuity of symptomatology thereafter.
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.