The veteran's claim for an earlier effective date prior to May 8, 1996, for a 50 percent disability rating for his service-connected pulmonary histoplasmosis and right lung nodule was denied as the earliest date as of which it is factually ascertainable that an increase in disability occurred was May 8, 1996.
The deciding factor: The effective date of an award of increased compensation will be the earliest date as of which it is factually ascertainable that an increase in disability occurred if a claim is received within one year from that date. In this case, the veteran's claim was received within one year of his treatment for his pulmonary disorder on May 8, 1996.
- Claimed conditions
- pulmonary histoplasmosis, right lung nodule
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 27, 2003
- Citation
- 0301426
Veterans Law Judge
Decisions by this judge: 504 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0301426.
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.
- Granted
The Board granted service connection for a sinus condition manifested by headaches, paranasal pressure, and congestion as well as a right lung nodule due to in-service asbestos exposure.
- Remanded (sent back)
The Board has determined that the Veteran's claims for a compensable disability rating for pulmonary histoplasmosis and/or sarcoidosis, as well as his claim for TDIU based on service-connected disabilities prior to January 3, 2022, require further examination and review. The case is being remanded due to lack of opinion on suppressive therapy use and change in diagnosis from histoplasmosis to sarcoidosis.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error and the need to obtain private medical records from Dr. I.M. and Dr. M.C.
- Remanded (sent back)
The Board has decided to remand the cases for further development and consideration, including obtaining an addendum opinion regarding the etiology of the Veteran's obstructive sleep apnea and its relationship to his service-connected pulmonary histoplasmosis.
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