The Veteran is granted TDIU benefits effective July 7, 2008. The Board finds that it is not factually ascertainable that the Veteran's unemployability was due solely to service-connected disabilities during the one-year period preceding the date of claim for an increased rating.
The deciding factor: The evidence does not support a finding of any pending claim prior to July 7, 2008. The effective date is set at the earliest date as of which it is factually ascertainable that an increase in disability had occurred (July 7, 2008).
- Claimed conditions
- Residuals of lumbosacral strain with radiculopathy, adjustment disorder, degenerative joint disease with limitation of right knee extension, degenerative joint disease with limitation of right knee flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- February 9, 2017
- Citation
- 1704003
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 1704003.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the appeal for erectile dysfunction and granted an earlier effective date of March 31, 2015, for a 50% evaluation of other specified trauma disorder.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Granted
The Veteran's claim for service connection for adjustment disorder, SMC-AA benefits, and Dependents' Educational Assistance (DEA) benefits was granted effective August 10, 2022.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he does not have a single disability rated at 100% and his disabilities are not so severe that they render him substantially confined to his residence.
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