The veteran's claim for an earlier effective date for a 10 percent evaluation of his service-connected shell-fragment wound to the right lower extremity was denied by the Board, and he is not entitled to an earlier effective date than September 23, 1992.
The deciding factor: The RO had previously denied the veteran's claim in July 1989, which became final. The next communication on this issue came in September 1992 when the veteran filed a new claim for increased benefits. Since it was not factually ascertainable that his condition had worsened prior to September 1992, the effective date could not be earlier than that.
- Claimed conditions
- shell-fragment wound to the right lower extremity (Muscle Group XIII)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 24, 2001
- Citation
- 0114546
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 0114546.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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