The Board has determined that the veteran did not timely file a Substantive Appeal regarding his claim for compensation under 38 U.S.C.A. § 1151 for a dental disability caused by VA treatment, and thus lacks jurisdiction to review this issue. The remaining claims of entitlement to increased ratings for psoriatic arthritis of the left thumb, plantar fasciitis of the right foot, patellofemoral syndrome of the right knee, and patellofemoral syndrome of the left knee were denied as they did not meet the criteria for the assigned rating levels.
The deciding factor: The veteran's claims were denied because he did not timely file a Substantive Appeal regarding his claim for compensation under 38 U.S.C.A. § 1151, and also due to the lack of evidence demonstrating that his conditions warranted higher ratings based on the criteria set forth in the applicable rating schedule.
- Claimed conditions
- psoriatic arthritis of the left thumb, plantar fasciitis of the right foot, patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2005
- Citation
- 0528495
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 0528495.
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 several issues related to the Veteran's service-connected disabilities, including ratings for his feet and knees, as well as a new rating for his right hip disability. The SMC claim is also being remanded due to a pre-decisional duty to assist error.
- Granted
The Veteran is granted an effective date of August 12, 2011 for his entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA). The decision is based on the Veteran's service-connected disabilities preventing him from securing or following substantially gainful employment since August 12, 2011.
- Granted
The Veteran's service-connected bilateral pes planus, metatarsalgia of both feet, plantar fasciitis of both feet, and neuropathy of both feet have been granted effective July 14, 2014. The Veteran also received a separate rating for hammertoes of the right foot (10%) and left foot (10%), as well as arthritis of the first MTP joint of the right and left foot (10%).
- Remanded (sent back)
The Board has remanded the claims for service connection for allergic rhinitis and migraine headaches, but denied all other claims due to lack of evidence meeting VA standards for a current disability.
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