The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 13, 2010, is denied. The effective date of the TDIU award has been set at December 13, 2010.
The deciding factor: The criteria for an earlier effective date were not met as the schedular rating under 38 C.F.R. § 4.16(a) was first satisfied on December 13, 2010.
- Claimed conditions
- Unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2024
- Citation
- 24034517
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 24034517.
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.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding SSA records, and the Veteran is encouraged to submit his income statements.
- Granted
The Board has determined that the Veteran's entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) should be restored, effective March 1, 2025. The decision is based on the fact that there was not clear and convincing evidence of actual employability at the time of the TDIU discontinuance.
- Denied
The Veteran's claim for an earlier effective date for TDIU is denied as the earliest possible effective date based on his claim and one-year look-back period is July 31, 2019. The Veteran has been awarded TDIU since February 6, 2018.
- Remanded (sent back)
The Board has remanded the claims for entitlement to TDIU and an earlier effective date for DEA due to the inextricability of these issues.
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