The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.
The deciding factor: The Veteran's combined disability ratings did not meet the threshold criteria for a schedular TDIU rating prior to September 13, 2012. The Board found that there is no probative evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.
- Claimed conditions
- thoracolumbar sprain with disc disease, right shoulder osteoarthritis, chronic conjunctivitis, left ankle sprain with Achilles tendinopathy, left lower extremity radiculopathy, bilateral hearing loss, right shoulder scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2020
- Citation
- 20061588
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 20061588.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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