The veteran's claim for an earlier effective date for a permanent and total disability rating for pension purposes is denied as there was no prior denial or allowance of any VA claim, the veteran did not apply within one year of treatment, and he could not be prevented from applying due to his disability.
The deciding factor: The veteran failed to meet the legal requirements for an earlier effective date under 38 U.S.C.A. § 5110(b)(3)(A) as there was no prior denial or allowance of any VA claim, and he did not apply within one year of treatment.
- Claimed conditions
- Permanent and Total Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 10, 2000
- Citation
- 0000631
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. Search VA.gov for the original decision (opens in a new tab) using citation 0000631.
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 Veteran's appeal is being remanded to the RO for further action regarding effective dates for his permanent and total disability determination, which is tied to his eligibility for Dependent's Educational Assistance under Chapter 35 of Title 38, United States Code.
- Whole decision: Denied
The Board denied the appellant's claim for an earlier effective date for pension benefits, finding that the earliest possible effective date is October 26, 2004 based on the date of receipt of his claim. The Board also noted that there was no evidence to support a retroactive award due to changes in law or Department of Veterans Affairs issues.
- Whole decision: Denied
The veteran's overpayment of disability pension benefits was denied waiver due to fault in creation and lack of undue financial hardship.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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