The Board denied an earlier effective date for a TDIU rating, as it was not factually ascertainable that the Veteran's service-connected disabilities caused individual unemployability prior to August 12, 1991.
The deciding factor: There is no evidence showing the Veteran was unable to obtain and maintain gainful employment due to his service-connected disabilities before meeting the schedular criteria for TDIU on August 12, 1991.
- Claimed conditions
- COPD with asthma, malaria
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2009
- Citation
- 0907482
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 Board granted an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for malaria, including residuals, as there is no current diagnosis of malaria or residuals.
- Denied
The Board denied the Veteran's claim for an initial compensable evaluation for malaria as there was no evidence of active malaria or any current residuals affecting a bodily system.
- Denied
The Board denied the Veteran's claim for service connection for malaria as new and relevant evidence was not submitted to support a currently diagnosed disability.
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