The Board denied the veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) because there was no evidence of a formal or informal claim for TDIU prior to August 28, 2003. The effective date remains May 20, 2002.
The deciding factor: The veteran's service-connected disabilities did not meet the percentage requirements for a total disability rating based on individual unemployability as of May 20, 2002. He filed his claim for TDIU after this date and there was no evidence of an earlier increase in disability.
- Claimed conditions
- Bilateral lower extremity peripheral neuropathy, Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 1, 2008
- Citation
- 0841175
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 0841175.
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 Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Granted
The Board has granted service connection for a low back disorder. The claims for bilateral hearing loss, hypertension, bilateral knee disorder, and an acquired psychiatric disorder are remanded.
- Denied
The Board denied the Veteran's claims for earlier effective dates for SMC based on housebound status and need for aid and attendance, finding that he did not meet the criteria for these benefits prior to the specified dates.
- Denied
The Board denied service connection for a low back disorder, finding that the evidence did not show an in-service onset or relationship to service.
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