The veteran's claim for an earlier effective date for TDIU was denied as he did not meet the criteria for a total disability rating based on individual unemployability prior to December 10, 2003.
The deciding factor: The RO awarded service connection for depressive disorder and anxiety disorder with a 70% rating effective from December 10, 2003. The veteran did not meet the criteria for TDIU until his combined disability rating reached 80%, which occurred on that date.
- Claimed conditions
- depressive disorder not otherwise specified, anxiety disorder not otherwise specified with panic attacks and agoraphobia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 17, 2008
- Citation
- 0801949
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. Search VA.gov for the original decision (opens in a new tab) using citation 0801949.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a failure to obtain a VA examination regarding the Veteran's claimed psychiatric disability. The Veteran is seeking service connection for an acquired psychiatric disorder, which may include depression or depressive disorder not otherwise specified.
- Whole decision: Remanded (sent back)
The Board remands the issues of entitlement to a rating in excess of 50 percent for an acquired psychiatric disorder and entitlement to a total disability rating based on individual unemployability due to a pre-decisional duty to assist error.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for an acquired psychiatric disability, secondary to service-connected spinal stenosis with spondylolisthesis, and TDIU due to lack of substantial compliance with prior remand directives. The Veteran must be provided VA medical opinions regarding the nature and etiology of her previously diagnosed psychiatric disabilities, as well as obtain private treatment records and complete a TDIU application form.
- Whole decision: Granted
The Veteran's service-connected disabilities, including depressive disorder and knee conditions, caused him to need regular aid and attendance. The Board granted special monthly compensation (SMC) based on the need for aid and attendance.
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