The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied as the earliest factually ascertainable date that he was unable to secure or follow substantially gainful employment due to his service-connected disabilities was June 14, 2005.
The deciding factor: The effective date for a TDIU cannot be earlier than the date of receipt of the claim if there is no factual ascertainty of an increase in disability prior to that date. The earliest date where the Veteran's service-connected disabilities alone precluded all forms of substantially gainful employment was June 14, 2005.
- Claimed conditions
- depression, diabetes mellitus, degenerative joint disease of the right ankle, chronic epididymo-orchitis of the right testicle, status post arthroscopic partial medial meniscectomy of the left knee, hypertension, status post right knee arthroscopy, status post volar plate reconstruction of the left thumb, bilateral pes planus and plantar fasciitis, sinusitis and rhinitis, gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- June 25, 2010
- Citation
- 1023711
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 1023711.
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 has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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