The appeal for an earlier effective date for the award of a total rating based on individual unemployability due to service-connected disabilities was dismissed as there is no legal entitlement to an effective date earlier than September 10, 2003.
The deciding factor: The February 2004 rating decision assigning the September 10, 2004, effective date is final and cannot be challenged through a freestanding earlier effective date claim. The veteran's disability picture at the time of the December 2001 rating decision did not support an award of individual unemployability.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900072
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.