The Veteran's claims for earlier effective dates were denied as the law is dispositive and there can be no earlier effective date than the day following his separation from active duty, April 18, 1964. The Veteran's claim for depression was granted with an evaluation of 30 percent effective February 20, 2003.
The deciding factor: The law is clear that when a rating decision is final, only a request for revision premised on clear and unmistakable error (CUE) could result in the assignment of earlier effective date. The Veteran's claims must be denied as there can be no earlier effective dates than the day following his separation from active duty.
- Claimed conditions
- Detachment of the retina in the right eye with no light perception (right eye disability), Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2010
- Citation
- 1005354
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1005354.
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.
- Partly granted
The Board granted service connection for multiple myeloma, back disability (secondary to multiple myeloma), and depression, with an effective date of January 26, 2021. The decision also remanded claims related to breast cancer, DEA benefits, and initial ratings.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
- Dismissed
The appeal was dismissed due to the death of the Appellant during its pendency.
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