The Board denied the Veteran's claim for an earlier effective date for a 30 percent disability rating for urticaria, finding that January 27, 1998 was the earliest factually ascertainable date of entitlement to such a rating.
The deciding factor: The increase in severity of the Veteran's urticaria was not factually ascertainable until January 27, 1998, as evidenced by a nursing admission assessment report from that date.
- Claimed conditions
- urticaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911226
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 the Veteran's claim for an initial compensable rating for urticaria, as there was no evidence that the condition required antihistamines or other first-line treatment for control during the review period.
- Denied
The Board denied TDIU and DEA prior to June 26, 2022 but granted SMC effective April 21, 2023.
- Remanded (sent back)
The Board remands the claim for service connection for a body rash to obtain an adequate medical opinion regarding whether the Veteran's current skin disability pre-existed his entrance to active service and, if not, whether it is related to his active service.
- Dismissed
The Board dismissed the claim for restoration of a 10 percent rating for urticaria, beginning November 1, 1975 due to clear and unmistakable error (CUE) because the August 1975 decision was subsumed by the April 1976 Board decision.
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