The Veteran's claim for an earlier effective date was denied as the November 1980 rating decision, which proposed to reduce his disability rating from 10 percent to 0 percent, became final and could not be used to establish a new date of claim.
The deciding factor: The Board found that the statutory requirements for filing an appeal were mandatory and jurisdictional, and equitable tolling was not applicable in this case.
- Claimed conditions
- acne, nodulocystic, involving face with moderately extensive acneiform scarring involving lower aspect of face
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908080
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.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the claim for service connection for acne to obtain an addendum opinion addressing whether the Veteran's condition was aggravated by his service.
- Partly granted
The Board granted service connection for tinnitus and dismissed the claims for lumbosacral strain, migraine headaches, and acne. The claims for acquired psychiatric disorder and left wrist condition were remanded.
- Denied
The Board denied the Veteran's claims for an increased rating and earlier effective date for migraines, as well as for an increased rating and earlier effective date for acne.
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