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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0808093.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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