The Board found that the veteran's pre-existing one-inch shortening of the left leg existed prior to service and was not aggravated by service. As a result, the claim for service connection for his current left lower leg disability is denied.
The deciding factor: Clear and unmistakable evidence demonstrated that the veteran had a preexisting left leg disability (one inch shortening) prior to service which was not aggravated by service.
- Claimed conditions
- left lower leg disability, shortening of left leg
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2006
- Citation
- 0630996
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.
- Partly granted
The Board granted service connection for eczema but dismissed the appeal for a compensable evaluation of gastroesophageal reflux disease (GERD) and denied compensable evaluations for shortening of both legs.
- Remanded (sent back)
The Board has remanded the Veteran's claims for diabetes mellitus, type II and a left lower leg disability due to potential exposure to herbicide agents during service. The decision is pending further investigation.
- Denied
The Board denied the Veteran's appeal as his timely substantive appeal was not received within 60 days of the SOC and one year from the November 2015 rating decision.
- Denied
The Board denied service connection for a left ankle disability and left lower leg disability as there was no evidence of a current disability related to service.
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