The Board finds that the veteran's claim for an earlier effective date for TDIU benefits cannot be granted as his informal claim was considered abandoned due to failure to provide requested evidence within one year of request. The benefit-of-the-doubt rule is not applicable.
The deciding factor: The veteran failed to provide the requested TDIU application (VA Form 21-8940) within one year of its receipt in June 1988, which fits the criteria for an 'abandoned claim' under VA regulations. The Board found that the presumption of administrative regularity held that the document was sent to the veteran.
- Claimed conditions
- Degenerative arthritis of the lumbar and cervical spines, Hypertension with headaches, Recurrent dislocation of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2008
- Citation
- 0836984
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 0836984.
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 Veteran's claims for increased ratings for her right shoulder, left shoulder, and thoracolumbar spine intervertebral disc syndrome are being remanded due to inadequate VA examinations conducted in August 2021. The VA will obtain additional medical opinions regarding the severity of these conditions prior to decision.
- Whole decision: Denied
The Veteran's right shoulder disability is rated at 20 percent for limitation of motion and impairment of the humerus. Ratings for carpal tunnel syndrome of both wrists are granted, with a maximum rating of 30 percent for each wrist.
- Whole decision: Granted
The Veteran's service-connected disabilities, including his major depressive disorder and knee conditions, rendered him unable to secure or follow a substantially gainful occupation since June 20, 2012. The Board granted the TDIU claim effective from that date.
- Whole decision: Remanded (sent back)
The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's service-connected left and right shoulder disabilities due to increased symptoms since the last examination. The Veteran will be provided an opportunity for a supplemental statement of the case if his claims are not granted.
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