The Board denied the appellant's request for an effective date prior to November 1, 2018 for the award of an apportionment of the Veteran's VA compensation benefits. The decision was based on the fact that the previous denial became final due to the untimely submission of a notice of disagreement and the subsequent grant of the reopened claim.
The deciding factor: The effective date for the apportionment claim is determined by the facts found, which in this case is November 1, 2018 as it was not an original claim but a reopening of a previously denied one.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- A20016089
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.