The Veteran's original claim for service connection for a back disorder was denied in February 1971, and he did not appeal this decision. The effective date of the grant of service connection is fixed based on the facts found, but shall not be earlier than the date of receipt of the claim or the date entitlement arose, whichever is later.,The Veteran's claims for TDIU and basic eligibility for DEA benefits were granted in April 2001 and June 20, 1997 respectively. The effective dates are fixed based on the facts found, but shall not be earlier than the date of receipt of claim or the date entitlement arose, whichever is later.

The deciding factor: The February 1971 denial letter did not include notice of the Veteran's appellate rights, and thus the original claim was denied without a formal appeal. The effective date for service connection cannot be earlier than June 20, 1997 as it is based on the facts found.

Claimed conditions

Post discectomy and fusion of the lumbar spine, Depression, Paraparesis of the lower extremities

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

60%

Decision date

September 25, 2012

Citation

1233178

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 1233178.