The Veteran's appeal for an earlier effective date for the award of TDIU is denied as it was not factually ascertainable that he was unable to secure or follow a substantially gainful occupation before June 14, 2013. The effective date remains at June 12, 2015.
The deciding factor: The Veteran's claim for an earlier effective date was denied as it was not factually ascertainable that he was unable to secure or follow a substantially gainful occupation before June 14, 2013. The effective date remains at the date of his application, June 12, 2015.
- Claimed conditions
- MDD (Major Depressive Disorder), DJD of the right shoulder, Arthritis of the left foot, Right ankle epicondylitis, Left inguinal hernia repair with residual scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 24, 2019
- Citation
- 19131809
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 Board readjudicated the claims for service connection for bilateral hearing loss, a respiratory disability, and a skin disability based on new and relevant evidence. The claims for an acquired psychiatric disability, sleep impairment, hypertension, impaired vision, residual disability from vasectomy, and a compensable rating for scars were denied.
- Remanded (sent back)
The Veteran's TDIU claim is remanded due to the need for additional evidence and examination. The issues include determining whether he can secure or follow substantially gainful employment due to his service-connected disabilities, and obtaining updated VA treatment records.
- Remanded (sent back)
The Veteran's appeal for service connection for bilateral plantar fasciitis and headaches has been remanded due to the need for additional medical opinions.,Service connection for MDD was granted in a previous decision.
- Granted
The Veteran's service-connected disabilities, including PTSD and related conditions, have rendered him unable to secure or follow substantially gainful employment.
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