The Veteran's claim for an earlier effective date for TDIU and DEA benefits is denied as the earliest date of claim is March 21, 2016.
The deciding factor: The Board found that it was not factually ascertainable that the Veteran’s service-connected disabilities increased in severity so as to be productive of unemployability during the one year prior to his March 21, 2016 claim for a TDIU. The effective date for DEA benefits is precluded by law due to its direct relation to the award of a TDIU.
- Claimed conditions
- right shoulder, cervical spine, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 13, 2018
- Citation
- 18125908
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 18125908.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Whole decision: Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Whole decision: Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for left knee, right knee, left wrist, right wrist, and right shoulder disabilities due to duty-to-assist errors and to address the ameliorative effects of medication.
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