The Board denied the Veteran's claim for an earlier effective date of September 9, 2010 for his total rating based on individual unemployability (TDIU) due to back disability. The appeal was not about service connection but rather about when VA should have granted TDIU retroactively.
The deciding factor: The RO did not receive a formal or informal claim for TDIU until August 3, 2004, and the Veteran's TDIU claim has been pending since then. The effective date of September 9, 2010 was granted in an October 2012 rating decision.
- Claimed conditions
- back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2021
- Citation
- 21069728
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 21069728.
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 Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Whole decision: Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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