The Veteran's claim for an earlier effective date for a combined rating of 70 percent is denied as the December 2010 rating decision is final and the Veteran did not perfect his appeal with respect to the initial disability ratings assigned in that decision.
The deciding factor: The Veteran did not file a timely substantive appeal regarding the initial disability ratings assigned in the December 2010 rating decision, which rendered it final. The Board found no legal justification for the Veteran's failure to file an appeal and thus denied the earlier effective date claim.
- Claimed conditions
- Posttraumatic stress disorder, Gastroesophageal reflux disease, Right knee disability, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 15, 2018
- Citation
- 18142471
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 18142471.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
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