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
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's TDIU claim is remanded due to ambiguity in the earnings information provided. The Board requires additional development of the evidentiary record.
- Dismissed
The Veteran has withdrawn his appeals for a compensable rating for left ear hearing loss and entitlement to TDIU.
- Remanded (sent back)
The Veteran's TDIU claim is remanded due to incomplete employment information. The AOJ must obtain the necessary records and provide a thorough review of his employment history.
- Granted
The Veteran is granted an earlier effective date of February 4, 2020 for the grant of a total disability rating based on individual unemployability (TDIU). The Board finds that the Veteran was entitled to TDIU as of this date due to his service-connected disabilities.
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