The veteran's claim for an effective date prior to February 25, 1985, for the grants of service connection for various conditions was denied as there is no statutory authority to grant such a retroactive effective date.
The deciding factor: The claim cannot be granted because it would require a change in law that does not exist.
- Claimed conditions
- chronic bronchitis, esophageal stricture, hiatal hernia, epiphora with dry eyes, keratitis of the face, neck, forearms, and upper back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2006
- Citation
- 0600496
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Granted
The Veteran's claims for earlier effective dates for service connection for chronic bronchitis, asthma, sinusitis, and rhinitis were granted. The claims for service connection for right hand disability, right shoulder disability, right ankle disability, left ankle disability, erectile dysfunction, bilateral shoulder disability, and left wrist disability were remanded.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
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