The Veteran's claim for TDIU is denied as it is not factually ascertainable that an increase in the severity of his service-connected disabilities occurred within a year prior to December 17, 2015. The effective date for the grant of TDIU remains December 17, 2015.
The deciding factor: The Veteran's combined disability rating did not meet the threshold for TDIU consideration under 38 C.F.R. §4.16(a) within the one year prior to the date of claim (December 17, 2015).
- Claimed conditions
- lumbar spine degenerative joint disease (back disability), left achilles tendonitis, irritable bowel syndrome (IBS), costochondritis, bilateral ear infections, left ankle postoperative scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 15, 2023
- Citation
- 23045341
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 23045341.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Veteran's claim for TDIU was denied as the evidence did not establish that he is unable to secure or follow substantially gainful occupation due to his service-connected disabilities.
- Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
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