The Board has restored the Veteran's total disability rating based on individual unemployability (TDIU) effective November 1, 2007. The decision found that there was not clear and convincing evidence showing the Veteran had been capable of obtaining substantially gainful employment at the time his TDIU was terminated.
The deciding factor: The Board determined that there was no clear and convincing evidence demonstrating the Veteran's capability for substantial gainful employment during the period when his TDIU was discontinued.
- Claimed conditions
- Unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2021
- Citation
- 21069334
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 21069334.
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.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding SSA records, and the Veteran is encouraged to submit his income statements.
- Granted
The Board has determined that the Veteran's entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) should be restored, effective March 1, 2025. The decision is based on the fact that there was not clear and convincing evidence of actual employability at the time of the TDIU discontinuance.
- Denied
The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 13, 2010, is denied. The effective date of the TDIU award has been set at December 13, 2010.
- Denied
The Veteran's claim for an earlier effective date for TDIU is denied as the earliest possible effective date based on his claim and one-year look-back period is July 31, 2019. The Veteran has been awarded TDIU since February 6, 2018.
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