The Board denied the Veteran's request for an effective date prior to October 25, 2017 for total disability based on individual unemployability (TDIU), finding that no earlier effective date is warranted due to lack of a formal or informal claim within one year before the July 18, 2016 intent to file a claim. The Board also found no CUE in the assignment of an October 25, 2017 effective date for TDIU.
The deciding factor: The Veteran did not file any formal or informal claims prior to October 25, 2017 and thus the earliest possible effective date is October 25, 2017. The Board found no CUE in the assignment of this effective date.
- Claimed conditions
- Depressive disorder with anxious distress, Neuropathy in each extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 22, 2022
- Citation
- A22023657
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 A22023657.
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 determined that the Veteran's currently diagnosed depressive disorder with anxious distress is related to his active service, and thus grants service connection for this condition.
- Whole decision: Denied
The Veteran's claim for an effective date prior to January 14, 2019, for the award of service connection for obstructive sleep apnea and a 100% rating for depressive disorder with anxious distress is denied. The Board found that the appropriate effective dates are January 14, 2019.
- Whole decision: Partly granted
The Board denied several claims for increased ratings and service connection, granted initial evaluations of 20 percent for radiculopathy in the left and right lower extremities, and dismissed a claim for service connection for erectile dysfunction.
- Whole decision: Partly granted
The Board granted a 70 percent rating for depressive disorder with anxious distress and denied service connection for generalized anxiety disorder, which is already included in the rating for his service-connected depressive disorder.
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