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 assigned
- 60%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1024029.
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 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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.