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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1139664.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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