The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities from May 13, 1991 through May 11, 2010 was denied. The effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 prior to May 12, 2010 was also denied.
The deciding factor: The evidence did not support finding that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment during the relevant period.
- Claimed conditions
- residuals of back injury, pot operative meniscectomy of the left knee, type II diabetes mellitus with hypertension, postoperative meniscectomy of the right knee, temporomandibular joint dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 8, 2023
- Citation
- 23021647
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 23021647.
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: Dismissed
The Board has dismissed all issues of service connection due to the Veteran's withdrawal of his appeal.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection on multiple conditions are being remanded due to the need for further development and clarification of his military service records.
- Whole decision: Granted
The Veteran is granted a TDIU based on his service-connected disabilities.,An effective date of March 26, 2023 for the 40 percent evaluation for degenerative disc disease and lumbosacral strain has been granted.,An earlier effective date than April 17, 2024 for the 50 percent evaluation for temporomandibular joint dysfunction is denied.,The Veteran's lower extremity radiculopathy evaluations are all denied as they do not meet the criteria for a higher rating.,The Veteran's migraines are rated at their maximum schedular rating of 50 percent and no extraschedular evaluation has been granted.,The Veteran's left knee chondromalacia is also rated at its maximum schedular rating of 10 percent.
- Whole decision: Dismissed
The Board dismissed the appeals for service connection of various conditions due to the untimeliness and inapplicability of the Veteran's Notice of Disagreement with regard to a May 2016 rating decision.
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