The veteran's claim for a TDIU is denied as there is no legal basis for an earlier effective date. The January 2002 rating decision denying the TDIU is not subject to review due to lack of error being alleged or developed.
The deciding factor: There was no service-connected disability that caused the veteran's unemployability prior to March 15, 2002.
- Claimed conditions
- Right Knee Meniscectomy, Degenerative Changes of the Lumbar Spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 26, 2008
- Citation
- 0840777
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 0840777.
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
The Veteran's appeal for higher initial ratings on several service-connected disabilities was denied. The right thumb disability, right shoulder strain, and right knee meniscectomy were all rated at 10 percent. A higher rating for the right knee instability was not granted, but an earlier effective date of August 11, 2021, was granted for the right knee meniscectomy.
- Whole decision: Granted
The Board has granted earlier effective dates for the Veteran's MDD and lumbar spine disability ratings, as well as his TDIU eligibility. The Veteran's claims are now effective as of March 15, 2012.
- Whole decision: Denied
The Veteran's right knee disability, including arthroplasty and meniscectomy, is not rated higher than the current assigned ratings due to lack of evidence supporting more severe functional loss or residual weakness/pain.
- Whole decision: Denied
The Veteran's right shoulder tendonitis and back disability have been rated at the maximum available under VA regulations, with no evidence of ankylosis or other conditions warranting higher ratings.,For her lower extremity radiculopathy, a separate rating is granted from January 31, 2014 to June 13, 2016; however, a higher rating is denied after that period.
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