The Board has determined that the veteran timely perfected an appeal of the December 2001 rating decision denying entitlement to an effective date prior to January 29, 1999 for the grant of compensation for loss of use of the right foot. The underlying issue remains in appellate status.
The deciding factor: The April 2003 substantive appeal was timely filed based on the application of the 'postmark rule'.
- Claimed conditions
- loss of use of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2006
- Citation
- 0608867
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.
- Remanded (sent back)
The Board remands the issues of initial ratings for multiple right lower extremity nerve conditions and entitlement to special monthly compensation (SMC) for loss of use of the Veteran's right foot for further development.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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