The veteran's claim for an earlier effective date for dependency allowance was denied as he did not submit the necessary form to request additional compensation for dependents within one year of receiving notification of his qualifying disability rating.
The deciding factor: The veteran submitted a VA Form 21-526, which is a claim for compensation and/or pension. A separate claim for additional compensation for dependents must be filed separately and timely.
- Claimed conditions
- right and left knee strains, gastroenteritis with possible reflux and chronic indigestion, lumbar strain with S1 lumbarization, bilateral flexible pes planus with bilateral plants fasciitis, cervical strain, anterior chest and abdomen hot water burn injury, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 30, 2005
- Citation
- 0535120
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 0535120.
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: Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to incomplete findings and failure to properly address the onset, cause, and nature of his conditions. The VA will need to schedule examinations to determine if his rhinitis and bilateral hand disabilities are related to service.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to new evidence received, and a need for additional medical opinions considering the Veteran's military occupation as a water safety survival instructor.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.