The Board has determined that it is not factually ascertainable that the veteran became unemployable due to his service-connected disabilities within a year prior to December 22, 1999. As such, the effective date for the TDIU award cannot be earlier than December 22, 1999.
The deciding factor: The evidence does not show that the veteran's service-connected disabilities worsened to the point where he was unemployable within a year prior to December 22, 1999.
- Claimed conditions
- lumbar disc disease, ulcer disease with gastrectomy and vagotomy, left mandible fracture, otitis media and externa, ventral hernia, tender surgical scar status post gastrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2008
- Citation
- 0808093
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 0808093.
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.
- Granted
The Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Denied
The Veteran's claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his back and associated radiculopathy disabilities, which require assistance with activities such as bathing, dressing, transferring, housekeeping, and meal preparation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.