The Board denied the veteran's request for an earlier effective date of September 29, 1999, for his nonservice-connected disability pension benefits. The decision stated that there was no evidence showing the veteran had filed a claim prior to this date and that he did not have sufficient incapacity within one year from when he became permanently disabled to prevent him from filing a claim.
The deciding factor: The veteran's claim for earlier effective date was denied as there was no evidence of a retroactive claim being made within one year of his permanent disability, nor was there evidence showing the veteran had been incapacitated preventing him from filing a claim.
- Claimed conditions
- Arterial hypertension, Muscle spasms by history, Hypertensive and atherosclerotic heart disease, Left ventricular hypertrophy, Abnormal diastolic dysfunction by echocardiogram, Phase of life problem
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2001
- Citation
- 0124315
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 0124315.
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.
- Denied
The Board denied the Veteran's claim for an earlier effective date of April 29, 2021 for a 60% disability rating for his service-connected coronary artery disease with left ventricular hypertrophy. The evidence did not show that he met the criteria for a higher rating prior to this date.
- Remanded (sent back)
The Veteran's appeal for a combined rating of multiple, noncompensable service-connected disabilities is denied. The heart condition claim is remanded due to duty-to-assist error.
- Remanded (sent back)
The Board has granted a separate 10 percent rating for hypertension, but has remanded the issues of entitlement to higher ratings for other service-connected conditions.
- Remanded (sent back)
The Veteran's claim for service connection for a heart condition has been reopened. The Board has remanded the case to obtain additional medical opinions and VA examinations regarding his heart conditions, particularly whether they are linked to Agent Orange exposure.
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