The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.
The deciding factor: The Board found no evidence of the Veteran's unemployability within a year before his formal TDIU claim and concluded that there was insufficient factual support for an earlier effective date.
- Claimed conditions
- sleep apnea, degenerative disc disease (DDD) - cervical spine, cardiomyopathy with hypertensive heart disease, right shoulder glenohumeral joint osteoarthritis status-post replacement, degenerative disc disease (DDD) - lumbar spine, left shoulder glenohumeral joint osteoarthritis s/p shoulder replacement with residuals, tinnitus, chronic sinus, maxillary
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 16, 2024
- Citation
- A24083881
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 A24083881.
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 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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