The Veteran's death was not caused by his own willful misconduct, and at the time of his death he had a service-connected disability rated as totally disabling for more than 10 years. However, the Board found that the evidence did not clearly and unmistakably establish entitlement to TDIU prior to November 12, 2005.
The deciding factor: The Veteran's total disability rating was in effect for less than 10 years immediately preceding his death.
- Claimed conditions
- Generalized Anxiety Disorder, Migraine Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- August 25, 2009
- Citation
- 0931925
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 0931925.
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's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Board has determined that the Veteran's generalized anxiety disorder is related to his active-duty service and has granted service connection for this condition.
- Granted
The Veteran's service-connected Generalized Anxiety Disorder with Major Depressive Disorder is rated at 50 percent, effective December 14, 2021. The Board also granted a TDIU based on the Veteran's service-connected conditions.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
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