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Denied

The Board denied the Veteran's claim for DEA benefits prior to May 7, 2011, finding that the earliest possible date for the award of such benefits is one-year prior to the date of claim (May 7, 2011). The Appellant argued for equitable tolling due to exceptional circumstances but was denied as VA does not have authority to grant benefits on an equitable basis.

The deciding factor: The Board found that the earliest possible effective date for the award of Chapter 35 DEA benefits is one-year prior to the date of claim (May 7, 2011). The Appellant's argument for equitable tolling was denied as VA does not have authority to grant benefits on an equitable basis.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 28, 2015
Citation
1518220

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 1518220.

What this means for you

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