The veteran's appeal for an earlier effective date for TDIU and a higher rating for HSV was denied. The Board found that the veteran did not meet the threshold requirements for TDIU prior to June 5, 1997 due to his combined disability rating of 40 percent at that time. For the increased rating claim, the Board noted that the veteran's HSV symptoms were considered under the old criteria and a higher rating was not warranted.
The deciding factor: The veteran did not meet the threshold requirements for TDIU prior to June 5, 1997 due to his combined disability rating of 40 percent at that time. For the increased rating claim, the Board found no evidence supporting a higher rating under the old criteria.
- Claimed conditions
- Herpes Simplex Type I and Type II (HSV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 5, 2008
- Citation
- 0826307
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 0826307.
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: Denied
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- Whole decision: Denied
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- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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