The Board has granted an earlier effective date of December 1, 2008 for the grant of a total disability rating based upon individual unemployability (TDIU). The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since December 1, 2008.
The deciding factor: The retrospective VA medical opinion supported that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities as early as December 1, 2008.
- Claimed conditions
- Compartment syndrome of the right leg, Limitation of motion of the right ankle, Low back disability, Chronic right hip strain, Decreased sensation of the superficial peroneal nerve of the right leg, Scars of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072552
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 21072552.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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