The Veteran's TDIU claim was granted effective January 7, 1997. The Board found that the earlier date of January 7, 1996 is correct for the grant of TDIU due to the fact that the Veteran met the necessary criteria for entitlement to TDIU from this date.
The deciding factor: The evidence was factually ascertainable and warranted an effective date prior to January 7, 1997 as the Veteran's service-connected disabilities were such that he could not be competitive in the job market and would likely not successfully retain employment.
- Claimed conditions
- gunshot wound to the left thigh, left upper arm, left forearm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- August 10, 2009
- Citation
- 0929794
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 0929794.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of various conditions, including neck, shoulder, and arm issues. The Veteran also had his appeal to increase PTSD ratings dismissed.
- Granted
The Veteran's post-phlebitic syndrome, left forearm has been granted a disability rating of 10 percent for the entire period on appeal.
- Denied
The Veteran's claims for service connection for hepatitis B and increased disability ratings for benign cysts of the right ear lobe, left forearm, and right breast were denied. The claim for an earlier effective date for the increased rating on thoracic spine was granted.
- Remanded (sent back)
The Veteran's service-connected disabilities meet the schedular requirements for a TDIU rating, but his representative argues that they have worsened since he was last examined by VA. The Board finds that contemporaneous examinations are necessary to assess the current severity of his disabilities and their impact on employment.
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