The Veteran's claim for an effective date prior to November 12, 1991, for a total disability rating based on individual unemployability (TDIU) was denied as there was no pending claim prior to that date and the evidence does not demonstrate a 'factually ascertainable increase' warranting TDIU between November 12, 1990, and November 12, 1991.
The deciding factor: The effective date of an increased rating for TDIU is determined by when the claim was received or when the disability actually occurred. In this case, the earliest possible 'date of claim' is November 12, 1991. The Board found that there was no factually ascertainable increase in disability between November 12, 1990, and November 12, 1991.
- Claimed conditions
- Multiple Sclerosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 24, 2013
- Citation
- 1320314
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. Read the original VA decision (opens in a new tab) using citation 1320314.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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