The Veteran's appeal for an earlier effective date for the migraine disability is dismissed as a matter of law because no correspondence within one year of the July 2011 rating decision could be construed as disagreement with the assigned effective date.
The deciding factor: No correspondence expressing disagreement with the January 27, 2005 effective date for the grant of service connection was submitted within one year of the July 2011 rating decision.
- Claimed conditions
- migraine disability, hypertrophic gastritis, duodenal ulcer with hypertrophic gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 24, 2024
- Citation
- A24020911
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. Look up the original decision on VA.gov (opens in a new tab) using citation A24020911.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 TDIU based on migraine disability alone is granted, and he has a single disability rated at 100 percent. He also has other service-connected disabilities independently ratable at 60 percent or more, qualifying him for SMC(s) at the housebound level.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is caused by his service-connected hypertrophic gastritis.
- Denied
The Board has denied the Veteran's claims for service connection for a migraine disability and a right shoulder disability, both secondary to pre-existing disabilities. The evidence did not support a causal relationship between these conditions and the service-connected cervical strain or left shoulder strain.
- Dismissed
The Board dismissed the Veteran's request to appeal a proposal to reduce his disability rating for migraine disability as it was premature due to the submission of a VA Form 10182 seeking to appeal before the reduction took place.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.