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 assigned
- 70%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0838762.
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 has determined that the Veteran's service-connected disabilities substantially contributed to his death, and therefore grants service connection for cause of death.
- 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.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- 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.
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