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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied service connection for Meniere's disease, to include benign paroxysmal positional vertigo (BPPV), secondary to tinnitus and dismissed the claims for a left knee disability, right knee disability, and post-traumatic stress disorder.
- Granted
The Board granted an effective date of May 9, 2022, for the grant of service connection for posttraumatic stress disorder with generalized anxiety disorder, other specified depressive disorder, and alcohol use disorder.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
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