The Board denied the veteran's claim for an effective date prior to September 27, 2002 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The criteria for establishing an earlier effective date were not met as it was not factually ascertainable that the veteran's service-connected disabilities rendered him totally disabled within one year prior to September 27, 2002.
The deciding factor: The increase in disability that made the veteran unemployable did not occur within a year of his claim for TDIU.
- Claimed conditions
- diabetes mellitus, hypertensive cardiovascular disease, bilateral peripheral neuropathy of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 28, 2005
- Citation
- 0509158
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 0509158.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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