The veteran was granted a total disability rating based on individual unemployability effective October 31, 1998 due to his service-connected disabilities.
The deciding factor: The veteran's combined schedular evaluation met the criteria for TDIU as of February 6, 1995. The earliest date that it was factually ascertainable he was incapable of obtaining or maintaining gainful employment was October 31, 1998.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Degenerative disc disease of the cervical spine, Esophageal reflux disease, Impingement syndrome of the right (major) shoulder, Residuals of a fracture to the right ring and little fingers
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- December 7, 2005
- Citation
- 0533083
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 0533083.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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