The Board denied the Veteran's claim for an earlier effective date for compensation under 38 U.S.C. 1151 for renal failure, finding that the Veteran did not file his initial claim until October 8, 2009, more than five years after he started dialysis in July 2004.
The deciding factor: The effective date cannot be earlier than October 8, 2009 because the Veteran's initial claim for renal/kidney disability was received by VA on that date, and there is no evidence of a valid claim within one year prior to this date.
- Claimed conditions
- renal failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2019
- Citation
- 19101558
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19101558.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examinations and the need for further medical opinions regarding the Veteran's chronic kidney disease.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's causes of death, including Agent Orange exposure and contaminated water exposure at Camp Lejeune. The appellant is free to highlight post-decisional evidence for the benefit of the examiner.
- Whole decision: Granted
The Board has determined that the severance of service connected death benefits was improper and grants the appeal.
- Whole decision: Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed within one year of the rating decision, and no good cause for extension was presented.
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