The veteran's claim for an effective date prior to October 7, 2004 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities was denied as he is not entitled to earlier effective dates under the regulations governing grants based on liberalizing changes in the law.
The deciding factor: The veteran's claim for an effective date prior to October 7, 2004 was denied because the liberalizing change in the regulation allowing for service connection for arteriosclerotic heart disease and hypertension did not apply retroactively.
- Claimed conditions
- posttraumatic arthritis of the right knee to include retained metallic fragment, ascariasis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 12, 2006
- Citation
- 0631737
Veterans Law Judge
Decisions by this judge: 1,500 · 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 0631737.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the durational requirement for a total disability rating at the time of his death.
- Denied
The Board has denied the veteran's claims for service connection for an inguinal hernia, ascariasis, and hyperacidity as there is no evidence of these conditions during or within one year after his military service.
- Denied
The Board denied the veteran's claims for service connection for cause of death and entitlement to accrued benefits, finding that there was no evidence linking any of the claimed conditions to active service.
- Denied
The Board denied the veteran's claims of service connection for arthritis and ascariasis, finding that there was no clinical evidence linking these conditions to his active military service.
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