The Board finds that the appellant's claim for an earlier effective date for a 10% evaluation for residuals of left big toe fracture is not warranted, as the earliest claim was received on July 20, 1995. The December 1985 rating decision denying a compensable evaluation did not involve clear and unmistakable error.
The deciding factor: The appellant's earliest claim for an increased evaluation was submitted in July 20, 1995, which is later than the date of receipt of his December 1985 non-compensable rating decision. The Board found no evidence of CUE in the prior decision.
- Claimed conditions
- Left big toe fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 3, 2002
- Citation
- 0217441
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 0217441.
What this means for you
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What you can do next
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- Denied
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- 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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