The veteran is not entitled to an earlier effective date for the grant of TDIU as it was not factually ascertainable that he was unable to secure or maintain substantially gainful employment due to service-connected disabilities prior to July 25, 2002.
The deciding factor: The earliest document which could be construed as a claim for increase was received on December 22, 2003. Therefore, the effective date assigned by the RO is from July 2002, and an earlier effective date cannot be obtained under these provisions.
- Claimed conditions
- Major depressive disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- Citation
- 0816171
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 Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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