The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that any prior claims were implicitly denied and that no communications before June 2004 raised the issue of TDIU.
The deciding factor: The Board found that the Veteran's May 1990 hearing testimony implicitly raised the issue of TDIU, but the RO's July 1991 rating decision also referenced his employment history and denied his increased rating claims, which could be considered an implicit denial of TDIU.
- Claimed conditions
- Spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2010
- Citation
- 1008770
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 1008770.
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.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for a spine disability and psoriasis due to insufficient evidence in the VA opinions obtained.
- Denied
The Board denied service connection for a spine disability, finding that the evidence did not support a causal relationship between the current disability and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, right knee disability, left knee disability, spine disability, and sleep apnea to cure pre-decisional duty to assist errors.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) due to his service-connected spine disability and associated radiculopathy of the right and left lower extremities, effective September 27, 2013.
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