The veteran's claim for an increased rating and earlier effective date for his service-connected right foot injury residuals was denied. The Board found that it was not factually ascertainable that the disability had increased prior to November 18, 2002.
The deciding factor: There is no evidence of a pre-existing increase in severity of the veteran's right foot disability before the filing of his claim on November 18, 2002.
- Claimed conditions
- residuals of a fracture of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 16, 2006
- Citation
- 0607593
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0607593.
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 case due to the need to obtain post-service treatment records and military retiree records.
- Remanded (sent back)
The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected right great toe fracture. The claim will be returned to the Board after further development.
- Granted
The Board has granted service connection for several disabilities, including right knee DJD, hypertension, a fracture of the right great toe, and deviated septum. The Veteran's initial ratings have been increased to 10 percent for these conditions effective August 1, 2007.
- Remanded (sent back)
The veteran's TDIU claim is being remanded for further development, including a VA examination and obtaining SSA records. The examiner will assess the effect of his service-connected disabilities on his employability.
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