The Board denied earlier effective dates for increased disability ratings and TDIU, as well as DEA eligibility, due to the lack of factually ascertainable evidence of worsening conditions within one year prior to the April 2019 Intent to File form.
The deciding factor: There was no new and material evidence received that would allow an earlier effective date for increased disability ratings or TDIU, as the Veteran did not file a timely NOD within one year of the notice letter regarding the initial service connection decision in August 2016.
- Claimed conditions
- Peripheral neuropathy, right arm, Peripheral neuropathy, left arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065600
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 Veteran is granted a total disability rating based on individual unemployability (TDIU) and an effective date of August 13, 2019, for the grant of Special Monthly Compensation (SMC) based on the need for aid and attendance.
- Denied
The Board denied the veteran's claims for an increased rating for posttraumatic stress disorder, service connection for gallbladder disease and functional gastrointestinal disorders, and remanded claims for peripheral neuropathy, gastroesophageal reflux disease, and residuals of liver disease.
- Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
- Remanded (sent back)
The Board remands the claim for service connection for peripheral neuropathy to obtain a new VA medical opinion due to inadequate previous opinions.
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