The Board denied the appellant's claim for an earlier effective date for a TDIU, finding that there was no evidence showing that his service-connected disabilities prevented him from securing or following substantially gainful employment prior to May 19, 2004.
The deciding factor: The most competent and probative evidence did not show that the appellant's service-connected disabilities were of such nature and severity as to prevent him from securing or following a substantially gainful occupation prior to May 19, 2004.
- Claimed conditions
- right knee pain with ligamentous instability, left knee pain with ligamentous instability, chronic lumbosacral strain, status post fractured fourth (ring) finger of the right hand, dermatitis of the lower legs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2005
- Citation
- 0533237
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 0533237.
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.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Granted
The Veteran's initial disability ratings for chronic lumbosacral strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and depression have been granted. The Veteran also received a TDIU effective from January 21, 2009.
- Remanded (sent back)
The Board has decided to remand the case due to errors in fulfilling its duty to assist, specifically regarding obtaining private treatment records from Dr. R and a retrospective medical opinion.
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