The Board denied an earlier effective date for the grant of a total disability rating due to individual unemployability (TDIU) prior to September 27, 1997.
The deciding factor: The evidence did not show that the Veteran's service-connected disabilities alone caused his unemployability prior to September 27, 1997, and the schedular requirements for TDIU were not met until that date.
- Claimed conditions
- Hypertensive cardiovascular disease with nephrosclerosis, Diabetes mellitus with retinopathy, Hiatal hernia, Skin disorder to include acne, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity, Impotency associated with hypertensive cardiovascular disease with nephrosclerosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906362
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 is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both lower extremities to obtain a VA medical opinion regarding whether the current condition is caused or aggravated by the Veteran's service-connected diabetes mellitus type II.
- Denied
The Board denied the Veteran's claims for higher initial ratings for peripheral neuropathy of both lower extremities, finding that his symptoms did not meet the criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities, to include as due to herbicide agent exposure, for compliance with a Court order regarding the provision of an examiner's curriculum vitae.
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