The Veteran's claims for earlier effective dates for service connection were dismissed as the appeals are not about service connection at all, but rather about the timing of when benefits should have been granted.,The Board found that there was no indication on the part of the Veteran of any intent to file a claim for service connection prior to the initial May 2008 application.
The deciding factor: The appeals are not about service connection at all, but rather about the timing of when benefits should have been granted.
- Claimed conditions
- hemiparesis of the right upper extremity, bowel dysfunction to include irritable bowel syndrome, migraine headaches, hemiparesis of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177193
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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