The Board granted an earlier effective date of July 31, 2012 for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
The deciding factor: The criteria for an earlier effective date from July 31, 2012 have been met, as it was factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment within one year prior to his TDIU claim.
- Claimed conditions
- chronic tension headache, major depressive disorder, right hip osteoarthritis, left hip osteoarthritis, radiculopathy in the right upper extremity, radiculopathy in the left upper extremity, right hip degenerative joint disease with limited flexion and extension, chronic strain with muscles spasm in the cervical spine, left hip degenerative joint disease with limited extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2021
- Citation
- 21063133
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Remanded (sent back)
The Board remands the matter for an appropriate VA examination to determine the current nature and severity of the Veteran's right hip disability, as the April 2021 VA examination is deemed inadequate.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
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