The Board denied effective dates prior to March 2, 2009 for the award of a TDIU and DEA eligibility due to lack of factual ascertainability that his service-connected disabilities increased in severity within one year prior to the receipt of his claims. The Veteran's right femoral neuropathy and right hip myositis were found not to meet criteria for earlier effective dates.
The deciding factor: The evidence did not show it was factually ascertainable that the Veteran’s service-connected disabilities increased in severity to the point where they rendered him unable to secure or follow a substantially gainful occupation within the year prior to receipt of his March 2, 2009 claims for TDIU and DEA eligibility.
- Claimed conditions
- right femoral neuropathy, right hip myositis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2020
- Citation
- 20050771
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 20050771.
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's right femoral neuropathy is granted as service connected, with the opinion that it was incurred during his in-service hernia repair.
- Granted
The Veteran was granted a TDIU from August 20, 2020 to September 9, 2021 due to service-connected knee and neurological disabilities. The effective date is set at August 20, 2020 as the evidence shows the Veteran was employed in a protected work environment during this period.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted TDIU.
- Denied
The Veteran's retroactive VA compensation payment for the period of October 1, 2010 to February 28, 2013 was calculated correctly based on his combined evaluation for compensation. The appeal is denied as additional retroactive compensation is not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.