07-03 631, 07-03 631

Veteran served active duty 1996–2001 and sought a TDIU (total disability based on individual unemployability) rating.
Board inferred a TDIU issue in a January 2011 remand and adjudication followed; Board decisions in 2015 denied TDIU and were vacated/appealed for due process errors and remanded.
Court of Appeals for Veterans Claims granted a joint motion for remand in March 2016; Board remanded again in June 2016 for additional development.
In September 2016, the Appeals Management Center (AMC) granted TDIU effective September 21, 2009, resolving the remanded issue.
The Board determined the question of an effective date earlier than September 21, 2009 is a downstream issue that was not properly appealed and therefore is not before the Board.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Board has jurisdiction over TDIU effective date prior to Sept. 21, 2009	Veteran seeks earlier effective date for TDIU (appeal the start date)	AMC award from Sept. 21, 2009 fully granted the remanded issue; earlier date was not appealed	Dismissed for lack of jurisdiction; earlier effective date is a downstream issue not perfected for appeal

Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (an earlier effective date is a downstream issue that must be separately appealed)