The Veteran's claim for an earlier effective date for service connection of a kidney disability is denied. The appeal regarding the initial rating in excess of 60 percent for a kidney disability is dismissed due to the absence of a controversy at issue. The Veteran's request for Dependents' Educational Assistance (DEA) benefits prior to May 21, 2009 is also denied.
The deciding factor: The effective date for service connection was not earlier than May 21, 2009 due to the lack of new and material evidence within one year of a previous denial. The Veteran's request for DEA benefits prior to May 21, 2009 is denied as he has not been found to have had a permanent total service-connected disability prior to that date.
- Claimed conditions
- kidney disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181171
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.
- Denied
The Board denied service connection for various disabilities, including abnormal weight loss, a bladder disability, blockage of the neck arteries, and others. The evidence did not support a finding that any of these conditions were related to the Veteran's active service.
- Denied
The Board denied service connection for an eye disability and a kidney disability, as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Denied
The Board denied service connection for a kidney disability, as there was no evidence of a current disability. The claims for cervical radiculopathy, left hip strain, and right hip strain were remanded due to inadequate medical opinions.
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