The Board denied the veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disabilities, finding that the March 1998 rating decision denying TDIU was not clearly and unmistakably erroneous.
The deciding factor: The March 1998 rating decision did not contain clear and unmistakable error in denying the veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.
- Claimed conditions
- lumbar disc disease with spondylolisthesis, ulcer disease with gastrectomy, otitis externa
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2006
- Citation
- 0637792
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (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 0637792.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for sleep apnea and entitlement to a TDIU due to his service-connected disabilities. The Board found that there was no evidence of in-service onset or association with service, and concluded that the Veteran's current sleep apnea is not related to his PTSD. For the TDIU claim, the Board determined that the Veteran's service-connected conditions did not prevent him from securing and maintaining gainful employment.
- Dismissed
The Veteran's appeals for various disability ratings have been dismissed due to his death. The right eye dyscoria and PTSD issues were pursued under both the Legacy Appeal system and the AMA simultaneously, but these issues are now included in the dismissal.
- Partly granted
The appeal was granted for service connection of left ear hearing loss and OSA, but denied for hepatic steatosis. Several claims were remanded.
- Partly granted
The Board granted an earlier effective date for tinnitus but denied increased ratings and service connection for other conditions.
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