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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 20050771.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted TDIU.
- Whole decision: 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.
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