The Board denied an earlier effective date for the award of TDIU due to service-connected disabilities, finding that no claim was received prior to September 11, 2012.
The deciding factor: The Court instructed the Board to consider whether the Veteran was entitled to TDIU one year before the date of his formal application in August 2012.
- Claimed conditions
- recurrent major depressive disorder, lumbar paravertebral myositis with straightening of the lumbar lordosis, post-traumatic headaches, mild toxic incipient cataracts, clinical gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 4, 2021
- Citation
- 21026922
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 21026922.
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.
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- Denied
The Veteran's head injuries and post-traumatic headaches following an October 2023 VA shuttle bus incident are not compensable under 38 U.S.C. §1151 because the injuries occurred before any treatment or examination by VA.
- Granted
The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD, recurrent major depressive disorder, chronic sleep impairment, pansinusitis, and allergic rhinitis.
- Granted
The Board has granted an effective date of September 7, 2018 for the assignment of a 50 percent rating for the Veteran's service-connected post-traumatic headaches. The decision is based on the fact that the Veteran submitted an intent to file for compensation with VA on September 7, 2018, and his claim was received by VA within one year of this submission.
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