The Board denied the veteran's claim for a total disability rating based on individual unemployability prior to August 3, 2002, as there was no evidence of an earlier claim and the increase in disability was not factually ascertainable before that date.
The deciding factor: There is no medical evidence showing that the veteran experienced unemployability due to tardive dyskinesia prior to August 3, 2002.
- Claimed conditions
- Tardive Dyskinesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 21, 2005
- Citation
- 0525834
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 0525834.
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.
- Dismissed
The Board has dismissed the Veteran's claims for compensation under 38 U.S.C. § 1151 for tardive dyskinesia and a cervical spine disability, as no valid appeal was filed.
- Denied
The Veteran's right and left thumb tardive dyskinesia have not more nearly approximated the criteria for a higher disability rating under Diagnostic Code 5228, resulting in a denial of increased ratings.
- Denied
The Veteran's tardive dyskinesia is denied as it was not caused by VA carelessness, negligence, or fault. The Veteran's chemical brain injury claim is also denied.
- Denied
The Veteran's claim for an initial compensable rating for tardive dyskinesia was denied.,The Board also denied the Veteran's service connection claim for a left eye twitch, diagnosed as eyelid myokymia.
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