The Board denied the appellant's claim for an earlier effective date of receipt of DEA benefits, as the earliest ascertainable date stamp by the RO on the application was October 7, 2004.
The deciding factor: There is no objective evidence to suggest that the application for DEA benefits was received any earlier than October 7, 2004, and thus the effective date of receipt of DEA benefits remains October 7, 2003, one year prior to the actual filing of the claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909425
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.