The appeal for an earlier effective date was denied as the June 2003 RO rating decision assignment of December 6, 2001 as the effective date for the grant of a 100 percent disability rating for Type 1 diabetes mellitus became final and there is no legal basis to assign an earlier effective date.
The deciding factor: The claimant has not raised a proper claim for an effective date earlier than December 6, 2001 for an increased rating due to the lack of a formal or informal claim filed within one year of the prior final decision and the absence of clear and unmistakable error in that decision.
- Claimed conditions
- Type I diabetes mellitus with diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2009
- Citation
- 0907393
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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