The Board granted an earlier effective date of February 23, 2023 for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities and denied an earlier effective date for the 80 percent schedular evaluation for status post ruptured appendix with intestinal obstruction and surgery with small bowel resection and residual adhesions.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran was unable to secure or follow a substantially gainful occupation consistent with his educational and occupational background because of his service-connected disabilities, but an increase in disability rating based on new criteria cannot be given an effective date earlier than the date the new criteria were placed into effect.
- Claimed conditions
- status post ruptured appendix disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 21, 2025
- Citation
- A25090728
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