The Board denied an effective date prior to April 20, 2005, for the assignment of a total disability rating based on individual unemployability (TDIU) as there was no evidence that the veteran was unable to obtain or retain substantially gainful employment during the one year period preceding his claim.
The deciding factor: The Board found that the veteran's self-employment and ability to manage properties did not demonstrate he was factually shown to be unable to obtain or retain employment due to service-connected disabilities, thus denying an earlier effective date 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 28, 2009
- Citation
- 0902980
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.