The appellant's claim for an earlier effective date for additional compensation for his spouse and children was denied as there is no evidence of VA notification regarding the change in law granting such benefits to Veterans rated at least 30 percent disabled. The appeal must be denied as a matter of law.
The deciding factor: VA failed to notify the appellant of the amendments to section 1115, which created additional compensation for dependents of Veterans rated at least 30 percent disabled. This failure does not provide a basis for an earlier effective date.
- Claimed conditions
- Right Hip Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2011
- Citation
- 1139664
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 1139664.
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 has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
- Denied
The Board denied an increased rating for the Veteran's right hip disability, finding that her current 10 percent rating adequately reflects her symptoms and limitations.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right hip disability, which may be related to service or secondary to his service-connected bilateral pes planus.
- Granted
The Board has granted service connection for both a right hip disability and a left hip disability, finding that the Veteran's observable symptoms of pain and stiffness began during his active service and have persisted.
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