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Denied

The Board denied the Veteran's claims for an effective date earlier than July 27, 2012 for the grant of TDIU and DEA benefits. The Veteran was found to have met the criteria for eligibility for schedular consideration of TDIU since March 26, 2011, but his unemployability due to service-connected disabilities began in March 2011 if not sooner, which is more than one year prior to the filing of the TDIU application. As such, an earlier effective date for TDIU cannot be awarded.

The deciding factor: The Veteran's unemployability due to service-connected disabilities began in March 2011 or earlier, which is more than one year prior to the filing of his TDIU claim on July 27, 2012. Therefore, an effective date earlier than July 27, 2012 for the grant of TDIU cannot be awarded.

Claimed conditions
obstructive sleep apnea, posttraumatic stress disorder (PTSD), degenerative joint disease of the left knee with instability, residuals status post injury and surgical repair of the right ankle, tinnitus, bilateral pes planus, right knee pain and swelling, residual scar status post laceration of the right ring finger
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
80%
Decision date
December 11, 2020
Citation
A20018442

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 A20018442.

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