Dismissed
The veteran's appeal regarding the timeliness of his substantive appeal is granted, but an earlier effective date for a grant of total disability rating based on individual unemployability (TDIU) prior to March 19, 2003, was not warranted.
The deciding factor: The evidence did not demonstrate that the veteran's service-connected disabilities caused unemployability within one year before his October 2002 claim for TDIU.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2009
- Citation
- 0900272
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.