The Veteran's claim for a TDIU was received on December 5, 2007. The Board found it not factually ascertainable that he was unemployable at any time between December 5, 2006 and December 5, 2007.
The deciding factor: The effective date for the TDIU award could not be assigned prior to December 5, 2007 due to lack of factual ascertainability of unemployability within one year prior to that date.
- Claimed conditions
- Bronchial asthma, Granuloma due to tuberculosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 12, 2011
- Citation
- 1126103
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 1126103.
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 bronchial asthma has been rated at 30% since January 7, 2004. The Board has now granted a 60% rating effective from November 14, 2024, based on the evidence showing FEV-1/FVC of 40 to 55 percent during the appeal period.
- Denied
The Veteran's bronchial asthma is rated at 60 percent since March 31, 1997. The Board found the current rating of 60 percent to be correct based on post-bronchodilator FEV-1 and FVC measurements.
- Denied
The Veteran's bronchial asthma was rated at 30 percent since November 13, 2019. The VA found that the evidence did not meet the criteria for a higher rating under Diagnostic Code (DC) 6602.
- Remanded (sent back)
The Board remands the claims for service connection for sinusitis, bronchial asthma, allergies, and a right hip disability due to inadequate medical examinations and the need for additional evidence.
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.