The Board finds that the effective date for the award of a 10 percent disability rating is January 27, 2001 or up to one year before that date if entitlement to the increase was factually ascertainable. The appeal is denied.
The deciding factor: Entitlement to an increased disability rating prior to January 27, 2001 is not factually ascertainable within the applicable period.
- Claimed conditions
- fractured mandible, residuals of fractured nose, right eye scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 9, 2002
- Citation
- 0217759
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. Search VA.gov for the original decision (opens in a new tab) using citation 0217759.
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.
- Remanded (sent back)
The Board has remanded the claims of service connection for residuals of fractured nose and left shoulder disability due to a duty to assist error. The Veteran is seeking service connection for these conditions, which are related to in-service events.
- Granted
The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, including chronic hypertensive kidney disease with hypertension, sleep apnea, pes planus, gout, a right eye scar, hemorrhoids, and erectile dysfunction.
- Remanded (sent back)
The Veteran is already receiving TDIU benefits from November 17, 2015. The Board finds that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to March 21, 2013.
- Partly granted
The Board granted service connection for a right eye scar and denied service connection for sleep apnea, as well as a compensable disability rating for bilateral hearing loss.
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