The Veteran's claim for an earlier effective date for TDIU benefits is denied as it is not factually ascertainable that he was unable to secure or follow a substantially gainful occupation due solely to service-connected disabilities in the year prior to his June 28, 2007 claim.
The deciding factor: The Veteran's employment status and limitations were not established with sufficient clinical evidence within one year of his TDIU claim filing.
- Claimed conditions
- Right Shoulder Separation with Arthritis, Left Lumbar Radiculopathy associated with Lumbar Arthritis with Disc Disease, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 12, 2014
- Citation
- 1410058
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 1410058.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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