The Veteran's appeal for an earlier effective date for TDIU and DEA benefits was denied. The Board found that the Veteran did not meet the schedular requirements for a TDIU prior to March 1, 2011, but could be granted on an extraschedular basis due to his service-connected disabilities.,The criteria for an effective date before March 1, 2011, for DEA benefits were also denied because the Veteran's combined rating remained at 50 percent prior to that date.
The deciding factor: The Veteran did not meet the schedular requirements for a TDIU due to his service-connected disabilities and could only be granted on an extraschedular basis.
- Claimed conditions
- back disability, left lower extremity radiculopathy, asthma, residuals of left hand fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2023
- Citation
- 23044234
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 23044234.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- 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.
- 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.
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