The Veteran's claim for an effective date prior to October 20, 2004, for the award of a total disability rating due to individual unemployability (TDIU) was denied as it is not factually ascertainable that he was unable to secure or maintain substantially gainful employment due to service-connected disabilities before this date.
The deciding factor: The Veteran did not meet the schedular criteria for TDIU at the time of his initial claim in July 2002, and the effective date is fixed based on when a factually ascertainable increase in disability occurred, which was October 20, 2004.
- Claimed conditions
- hypertensive cardiovascular disease, old ischemic optic neuropathy in left eye, right hemianopsia associated with hypertensive cardiovascular disease, dysthymia disorder, scar, residuals of colostomy, left lower quadrant scar, residual of colostomy, status-post colostomy and appendectomy with lysis of adhesion for intestinal obstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 28, 2010
- Citation
- 1024029
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. Read the original VA decision (opens in a new tab) using citation 1024029.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's hypertension is related to herbicide exposure during service and contributed substantially to his cause of death.,Service connection for both hypertension and the cause of death (hypertensive cardiovascular disease) is granted.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to VA DIC under 38 U.S.C. § 1151 due to a need for further evaluation regarding the relationship between any identified pulmonary/respiratory disability, including bronchial asthma, and active service.
- Whole decision: Denied
The Board has denied service connection for the cause of death and remanded the issue of a compensable disability rating for bilateral defective hearing.
- Whole decision: Remanded (sent back)
The Board has decided that the cause of the Veteran's death is related to his service-connected disabilities, but further medical opinion is needed to determine if these conditions contributed substantially or materially to his death.
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