The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.
The deciding factor: The Veteran's combined disability rating did not meet the required percentages prior to June 1, 2009.
- Claimed conditions
- left knee total replacement, dysthymic disorder (formerly major depressive disorder), cervical spine degenerative disc disease, left knee limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 16, 2024
- Citation
- A24025878
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 A24025878.
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: Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Whole decision: Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's cervical spine disorder. The AOJ is required to obtain new opinions addressing whether the Veteran's cervical spine disorder resulted from in-service injury or service-connected disability, and whether it was caused by or a result of his service-connected knee and/or thoracolumbar spine disabilities.
- Whole decision: Denied
The Board has denied service connection for left ear hearing loss and granted earlier effective dates of January 22, 2024, for the grants of service connection for right ear hearing loss, a left shoulder disability (left shoulder strain with joint instability), a low back disability (lumbosacral strain with intervertebral disc syndrome (IVDS)), left knee strain, left knee limitation of flexion, and left knee limitation of extension.
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