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.
- Dismissed
The claim for entitlement to service connection for hypotension was dismissed, and the issue of entitlement to service connection for hypertensive cardiovascular disease was remanded.
- Granted
The Board granted service connection for the Veteran's cause of death, finding that his hypertensive cardiovascular disease began during service.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
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