The Board denied an effective date prior to August 17, 2009, for the award of a TDIU.
The deciding factor: The evidence does not show that it is factually ascertainable that the Veteran's service-connected disabilities increased in severity to the point where there is sufficient evidence to substantiate a reasonable possibility that he is unemployable by reason of his service-connected disabilities such that referral to the Director for extra-schedular consideration is warranted, or that such rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, within the year prior to August 17, 2009.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2022
- Citation
- 22001877
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
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