The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 1, 2002. Therefore, an earlier effective date for the grant of individual employability is denied.
The deciding factor: The Veteran's service-connected disabilities alone were insufficient to render him unemployable before January 1, 2002.
- Claimed conditions
- Bilateral Hammertoe Deformities with Callous on Plantar Aspect of Right Foot, Chronic Sinusitis, Bronchitis, Nicotine Dependence, Degenerative Joint Disease of the Lumbar Spine, Sciatic Radiculopathy of the Lower Extremities (each)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 31, 2012
- Citation
- 1244298
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 1244298.
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.
- Remanded (sent back)
The Board has determined that the VA medical exams provided are inadequate for rating purposes and remands the case to obtain an adequate examination and opinion regarding the Veteran's service-connected allergic rhinitis. The Veteran is entitled to a higher disability rating for his service-connected allergic rhinitis.
- Granted
The Veteran's claim for a higher rating for PTSD with unspecified depressive and generalized anxiety disorder was granted. The appeal regarding the compensable rating for allergic rhinitis is dismissed due to withdrawal of the appeal. The claim for an increased rating for chronic sinusitis is remanded.
- Granted
The Board has granted a 30 percent initial disability rating for allergic rhinitis and chronic sinusitis from November 27, 2023. The Veteran's earlier effective dates of service connection are also confirmed.
- Granted
The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment from March 29, 2012, to April 23, 2025. The Board granted a TDIU during this period.
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