The veteran's claim for an earlier effective date for the award of compensation benefits for pulmonary tuberculosis under 38 U.S.C.A. § 1151 was denied as there is no evidence of a claim being filed within one year of the veteran's hospitalization in May and June 1989 or his diagnosis in July 1991.
The deciding factor: The effective date for disability compensation under 38 U.S.C.A. § 1151 is the date of the injury if a claim is received within one year after that date; otherwise, it is the date of receipt of the claim, which in this case was July 16, 1993.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2008
- Citation
- 0811768
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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