The veteran's TDIU claim was granted effective August 6, 1999. The earlier effective date of August 6, 1999 is denied as there is no evidence that the veteran was unable to maintain substantially gainful employment due solely to his service-connected disabilities prior to this date.
The deciding factor: The veteran did not meet the schedular requirements for a TDIU at any point before August 6, 1999. The effective date of August 6, 1999 is assigned as it was the earliest date on which the criteria for a TDIU were met.
- Claimed conditions
- peroneal nerve palsy with right foot residuals, cognitive disorder, right mid-diaphysela closed tibia and fibular fracture, right proximal humerus fracture, status post closed reduction and percutaneous pinning, right posterior iliac crest bone graft, donor site
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 24, 2005
- Citation
- 0517365
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 0517365.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's TBI residuals, including depressive disorder, cognitive impairment, chronic sinusitis, migraines, vertigo, anosmia, hypogeusia, and trigeminal nerve neuralgia, require aid and attendance. The Veteran is not eligible for compensation under 38 U.S.C. § 1114(r)(2). Without regular aid and attendance, the Veteran would need residential institutional care due to safety concerns.
- Dismissed
The appeal of the proposed reduction of the disability rating for cognitive disorder, adjustment disorder, and insomnia is dismissed because there has been no adverse action taken.
- Remanded (sent back)
The Board remands the claims for service connection and a separate rating due to insufficient evidence and need for further development.
- Partly granted
The Board denied a rating in excess of 50 percent for the Veteran's cognitive disorder and granted an initial 10 percent rating for left-hand tremors, while remanding the issue of an initial rating in excess of 20 percent for left upper extremity neuralgia of the radial nerve.
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