The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.
The deciding factor: The Board found that the Veteran's unemployment status did not change and there was no increase in disability during the one-year period prior to his May 2, 2016, claim for increased ratings. The effective date assigned is therefore May 2, 2016, which is the earliest possible effective date based on the evidence of record.
- Claimed conditions
- major depressive disorder, obstructive sleep apnea, benign prostatic hypertrophy, irritable bowel syndrome with gastroesophageal reflux disease, cervical spine degenerative disc disease status post cervical spine fusion, left ankle tendonitis, hypothyroidism and toxic adenoma of thyroid status post total thyroidectomy, fracture of left distal ring finger, Barrett's esophagus, scars, status post cervical surgery and thyroidectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2024
- Citation
- A24058427
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 A24058427.
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.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
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