The Board denied the Veteran's claim for an effective date prior to October 3, 2008 for his award of total disability rating based on individual unemployability (TDIU) as he did not meet the threshold minimum schedular percentage standards under 38 C.F.R. § 4.16(a) for a TDIU prior to that date.
The deciding factor: The Veteran's service-connected disabilities were not shown to preclude him from securing and following substantially gainful employment consistent with his work and education background prior to October 3, 2008.
- Claimed conditions
- gunshot wound residuals, asthma, right ulnar neuropathy, status-post fracture right fourth proximal phalanx, scar residual of gunshot wound, residuals of a gunshot wound with muscle group III atrophy, residuals of a gunshot wound with muscle group IV atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2019
- Citation
- 19115459
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 19115459.
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.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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