The Veteran's claim for an effective date prior to May 21, 2004 for a grant of service connection and a 100 percent evaluation for hyperparathyroidism was denied as there is no legal basis for such an earlier effective date.
The deciding factor: There is no legal basis for the assignment of an earlier effective date for the Veteran's claim as the grant of service connection was granted sua sponte after receipt of a claim for increased rating for non-Hodgkin's lymphoma, and there is no evidence that the hyperparathyroidism had been present prior to May 21, 2004.
- Claimed conditions
- Hyperparathyroidism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 19, 2010
- Citation
- 1002805
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1002805.
What this means for you
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- Partly granted
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- Remanded (sent back)
The Veteran's hypertension is rated at 10 percent, but no higher. The Board found that the Veteran’s OSA and hyperparathyroidism are related to service due to the proximity of his separation from active duty with his current diagnoses.
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