The Veteran's appeal for an earlier effective date for TDIU was denied as he had not been found unemployable prior to December 1, 2004. The Veteran's claim for increased rating of chronic neck pain with radicular symptoms down the right arm is dismissed due to withdrawal.
The deciding factor: The Veteran did not meet the schedular requirements for a grant of TDIU prior to December 1, 2004, as he was still employed and capable of performing substantially gainful employment.
- Claimed conditions
- chronic neck pain with radicular symptoms, chronic prostatitis, diabetes mellitus with erectile dysfunction, chronic low back pain, collapsed vertebr� at T-11 and T-12 with radicular symptoms, peripheral neuropathy, right lower extremity, peripheral neuropathy, left lower extremity, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2010
- Citation
- 1030970
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 1030970.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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