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 assigned
- 100%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1320314.
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
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