The Board denied an earlier effective date for the TDIU rating, finding that it was not factually ascertainable that the veteran became individually unemployable due to his service-connected disabilities prior to September 24, 1997. The RO's decisions in April 1993 and November 1995 were found not to contain clear and unmistakable error.
The deciding factor: The evidence did not show that the veteran had become individually unemployable due to his service-connected disabilities prior to September 24, 1997.
- Claimed conditions
- Post Traumatic Stress Disorder (PTSD), Shell fragment wound of the back, involvement of Muscle Group XX, Shell fragment wound, left leg (calf), Muscle Group XI, Shell fragment wound, left thigh, Muscle Group XIII, Shell fragment wound, right buttock, right thigh, Muscle Group XVII, Shell fragment wound, right forearm (major) right ulnar nerve involvement, Shell fragment wound, tender scar, right arm (major), Shell fragment wound, upper right forearm (major), Muscle Group VIII, with retained foreign body, Skin graft donor site, right thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- August 14, 2006
- Citation
- 0624931
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0624931.
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 the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Granted
The Veteran's PTSD is rated at a 70 percent level, reflecting significant occupational and social impairment.
- Dismissed
The Veteran's appeal of the denial for service connection for PTSD has been dismissed because the issue was already under review through Higher-Level Review.
- Granted
The Veteran's service-connected PTSD renders him unable to secure and follow a substantially gainful occupation, warranting a TDIU.
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