The Veteran's claim for an effective date prior to July 30, 2012 for a schedular total disability rating based on individual unemployability (TDIU) is denied. The Board notes that the TDIU award may be granted on an extraschedular basis under 38 C.F.R. § 4.16(b).
The deciding factor: The effective date for an increased rating for disability compensation (to include a TDIU) will be the earliest date as of which it is factually ascertainable that an increase in disability occurred if a claim is received within one year from such date.
- Claimed conditions
- TDIU
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002252
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
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