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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 1518220.
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).
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