The Board denied an earlier effective date for the grant of service connection for lupus erythematosus with hypertension and migraine headaches, finding that the earliest legal basis for such a claim was December 7, 2000.
The deciding factor: The veteran's claim for service connection for lupus erythematosus with hypertension and migraine headaches was not received until November 7, 2001, which is more than one year after her discharge from active military service. The effective date cannot be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later.
- Claimed conditions
- lupus erythematosus, hypertension, migraine headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 30, 2004
- Citation
- 0424032
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 0424032.
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
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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