The Board denied an earlier effective date for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, finding that they did not render him unable to secure or follow a substantially gainful occupation prior to September 7, 2016.
The deciding factor: The Board found that the Veteran’s service-connected disabilities alone did not prevent him from securing and following a substantially gainful occupation before September 7, 2016. The effective date was assigned based on when his combined rating reached 80% after additional service-connected conditions were added.
- Claimed conditions
- Ischemic heart disease, Adjustment disorder, Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 18, 2019
- Citation
- A19000333
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
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