The Board denied the veteran's claim for an earlier effective date of June 23, 2003 for his TDIU rating based on service-connected disabilities.
The deciding factor: The evidence did not show that the veteran's service-connected disabilities were of sufficient severity to preclude him from engaging in all types of substantially gainful employment prior to June 23, 2003.
- Claimed conditions
- postoperative tracheotomy scar, residuals of a chest injury with mild obstructive pulmonary disease and asthma, residuals of a right clavicle fracture, chronic low back strain, residuals of multiple fractured ribs, thoracotomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2008
- Citation
- 0838762
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 0838762.
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 Board has determined that the Veteran's service-connected disabilities substantially contributed to his death, and therefore grants service connection for cause of death.
- Whole decision: Dismissed
The veteran withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Whole decision: Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- Whole decision: Remanded (sent back)
The Board denied an earlier effective date for the award of service connection for a lower back disability and remanded claims for a higher rating, TDIU, and extraschedular consideration.
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.