The Veteran's claim for an earlier effective date for service connection of Multiple Sclerosis was denied as there was no communication or action indicating intent to apply for benefits prior to December 12, 2011.
The deciding factor: The Veteran did not file his original service connection claim until December 2011, which is after the one-year period following separation from active duty. The effective date cannot be earlier than the day following separation from service.
- Claimed conditions
- Multiple Sclerosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19127576
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.
- Granted
The Board granted service connection for multiple sclerosis, finding that it manifested to a degree of 10 percent or more within seven years of the Veteran's separation from service.
- Remanded (sent back)
The Board denied an earlier effective date for service connection for multiple sclerosis and remanded the claims for increased ratings due to insufficient evidence.
- Remanded (sent back)
The Board remands the claims for further development and to obtain additional evidence.
- Remanded (sent back)
The Board remands the appeal to obtain a medical opinion on whether the Veteran's death was due to multiple sclerosis, which may have been caused by in-service herbicide exposure.
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