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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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