The veteran's claim for an earlier effective date was denied as a matter of law, since the evidence showed that he did not file a new claim until December 19, 2003.
The deciding factor: The decision was based on the fact that the veteran did not submit any additional claims for VA benefits after the initial denial in June 1986 and only filed a new claim in December 19, 2003.
- Claimed conditions
- residual scar, right shin, status post contusion and cellulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2008
- Citation
- 0811831
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 Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted. The Board found that the Veteran is unable to obtain or maintain gainful employment due to his service-connected disabilities.
- Granted
The Board granted the Veteran's attorney fees of 20 percent of past-due benefits awarded in a March 2023 rating decision. The appeal was based on increased evaluations for unspecified anxiety disorder and CABG.
- Denied
The Board denied the Veteran's claim for a total disability rating due to individual unemployability, finding that his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
- Partly granted
The Board denied service connection for a left arm burn and remanded the claims for other conditions, including sarcoidosis, anxiety, depression, sleep disorder, back condition, lower extremities, degenerative joints, plantar fasciitis, alopecia, hypertension, respiratory conditions, hysterectomy, and genital herpes.
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