The Veteran's claim for an earlier effective date for total disability based on individual unemployability was dismissed as the RO's June 1999 decision, which granted this benefit with a March 2, 1998 effective date, is final.
The deciding factor: The Veteran did not appeal the initial rating decision and thus the effective date of March 2, 1998 became final. The claim for an earlier effective date must be based on clear and unmistakable error (CUE) in that decision, but the Veteran has not alleged CUE.
- Claimed conditions
- Individual Unemployability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2009
- Citation
- 0914174
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0914174.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for an earlier effective date of April 29, 2009 for individual unemployability (TDIU) based on his service-connected disabilities making it impossible for him to secure or maintain gainful employment.
- Dismissed
The Board dismissed the Veteran's appeals as untimely, and no service connection was granted or denied.
- Partly granted
The Board denied a rating in excess of 70 percent for PTSD, granted an earlier effective date for the 70 percent rating, denied service connection for OSA, and granted individual unemployability.
- Dismissed
The Veteran's claim for Total Disability Based on Individual Unemployability (TDIU) was granted in a previous decision and implemented by the AOJ. As this grant is now moot, the appeal is dismissed.
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