The Board granted an earlier effective date of May 16, 1994 for the veteran's award of TDIU and denied a disability rating in excess of 40 percent for his service-connected partial ankylosis of the left ankle with post operative osteomyelitis of the left ankle and foot, status post graft.
The deciding factor: The effective date was granted based on the RO hearing officer's decision that the veteran became eligible for TDIU as of May 15, 1995, which is when medical evidence showed osteomyelitis was again active and coincided with the date he stopped looking for work.
- Claimed conditions
- Post-operative osteomyelitis of the left ankle and foot, status post graft, Partial ankylosis of the left ankle, Degenerative changes of the left hip, Degenerative changes of the left knee, Dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 8, 2002
- Citation
- 0216050
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 0216050.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
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- Remanded (sent back)
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- Denied
The Veteran's SMC claim is denied as he does not meet the criteria for a higher rating under any applicable provisions, including those related to service-connected disabilities and regular aid and attendance need.
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