The Veteran's claim for an earlier effective date for TDIU was denied as there is no evidence of any prior unadjudicated claims or factually ascertainable entitlement to TDIU prior to October 20, 2004.
The deciding factor: There is no evidence of any earlier filed unadjudicated claim and the Veteran's appeal for an earlier effective date must be denied as there is no factually ascertainable evidence demonstrating that prior to October 20, 2004, and within the year before VA's receipt of the claim, the Veteran was unemployable as a result of his service-connected disabilities.
- Claimed conditions
- Left knee osteoarthritis, Chondromalacia patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2011
- Citation
- 1124831
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 1124831.
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 Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Granted
The Veteran's right knee meniscal tear with osteoarthritis rating was restored to 40%, and an effective date of July 26, 2013, for SMC based on need for aid and attendance was granted. The intermediate rate SMC effective date also aligns with this date.
- Granted
The Veteran's right and left knee patella tendon repairs, with painful motion, have been granted increased ratings of 20 percent each. The instability in both knees has also been rated at 10 percent.
- Denied
The January 17, 2013 rating decision denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that while the Veteran could not return to his previous employment as a plumber, he was capable of sedentary employment and therefore had not established clear and unmistakable error in denying his TDIU claim.
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.