The veteran's claim for an earlier effective date for a 10% rating for his right fifth toe disability is denied as there was no factually ascertainable increase in the condition within one year prior to his January 2001 claim. The veteran's CUE claim regarding the December 1998 noncompensable rating decision is also denied.
The deciding factor: The effective date for an increased disability rating cannot be earlier than the date of receipt of a claim, or the date entitlement arose if later, and there was no factually ascertainable increase in the condition within one year prior to his January 2001 claim. The veteran's CUE claim is also denied as he has not shown that there was an undebatable error of fact or law which would have changed the outcome of the 1998 rating decision.
- Claimed conditions
- Right fifth toe disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2006
- Citation
- 0622195
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (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 0622195.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for increased ratings for sinusitis, tinnitus, right foot hallux valgus, and left salpingo-oophorectomy with appendectomy. The claim for service connection for an acquired psychiatric disorder was reopened but not granted. Other issues were also denied.
- Partly granted
The Veteran's back disability is granted, but her right and left fifth toe disabilities are denied as the evidence does not support a higher rating.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for a VA examination to determine if she has current left fifth toe disabilities related to her active duty service.
- Granted
The Board has reopened the veteran's claim of service connection for a right fifth toe disability due to new and material evidence presented since the October 1978 final decision.
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