The appeal was denied as it was not factually ascertainable that the veteran's service-connected disabilities increased in severity during the one-year period prior to September 12, 2002, so as to render him unable to obtain or maintain substantially gainful employment.
The deciding factor: It was not factually ascertainable that an increase in severity had occurred during the one-year period prior to September 12, 2002, to a degree warranting a finding of individual unemployability.
- 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 27, 2009
- Citation
- 0902859
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
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.