The Board denied the Veteran's claim for an effective date prior to January 5, 2019 for a total disability due to individual unemployability (TDIU) rating. The decision found that entitlement to TDIU did not arise until January 5, 2019 when the combined disability rating of 70 percent was achieved.
The deciding factor: The effective date for an award of a TDIU is determined based on whether the Veteran's service-connected disabilities meet the schedular requirements or if an extraschedular TDIU is warranted. In this case, the Veteran did not have at least one disability rated at 40 percent or more prior to January 5, 2019.
- Claimed conditions
- left upper eyelid scar, second painful left eyelid scar, tinnitus, bilateral hearing loss, viral meningitis with sequelae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2024
- Citation
- A24013813
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 A24013813.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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