The Board denied an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) because the increase in disability occurred more than one year before the claim was filed, and the earliest possible effective date is August 19, 2022.
The deciding factor: The Board found that an earlier effective date for the TDIU award would not be factually ascertainable as the increase in disability had already arisen by May 2021, more than one year prior to the claim filed on August 19, 2022.
- Claimed conditions
- persistent depressive disorder, migraine headaches, right shoulder strain, residuals of a right wrist ganglion cyst, scars of the right wrist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2026
- Citation
- A26007337
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 A26007337.
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: Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Whole decision: Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Whole decision: Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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