The Board found that the Veteran did not meet the percentage requirements for TDIU prior to September 21, 2001 and thus considered his claim under the criteria of 38 C.F.R. § 4.16(b). The effective date was assigned based on the earliest possible date as of which it is factually ascertainable that an increase in disability had occurred.
The deciding factor: The Veteran's service-connected disabilities did not meet or approximate the percentage requirements for TDIU under 38 C.F.R. § 4.16(a), and therefore, his claim was considered under 38 C.F.R. § 4.16(b).
- Claimed conditions
- Chronic urinary stone formation, Hypertensive heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 17, 2013
- Citation
- 1312786
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 1312786.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has granted service connection for hypertension (HTN) and has remanded the issues of service connection for cardiomegaly and hypertensive heart disease.
- Partly granted
The Board granted service connection for arteriosclerotic heart disease (CAD) with bypass graft as secondary to type II diabetes mellitus, and granted a 20 percent disability rating from July 15, 2021 through February 15, 2023 for certain diabetic neuropathies, while denying earlier effective dates and increased ratings for other conditions.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, and OSA but denied service connection for hypertension, hypertensive heart disease, right hip pain (secondary to knee disabilities), left ankle disability, and right ankle disability.
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