The Board denied earlier effective dates for the veteran's service-connected left leg injury and schizoaffective disorder, finding that these awards were final due to lack of timely appeal within one year.,Service connection was also denied for a right ankle disability as it is not related to active service or a service-connected condition.
The deciding factor: The veteran's service medical records did not document any complaints or treatment for left or right ankle disabilities. Post-service evidence showed no treatment until 2007, and the VA examiner found no current disability related to service.,There is no direct evidence of a chronic disease during service that could be presumed under 38 C.F.R. § 3.309(a). The veteran's right ankle arthritis was not shown within one year of discharge.
- Claimed conditions
- schizoaffective disorder, status post fracture of the left tibia, chronic anterior compartment syndrome, fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2008
- Citation
- 0824960
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 0824960.
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 for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Remanded (sent back)
The Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, schizoaffective disorder, and neurocognitive disorder is remanded due to a failure to provide a VA examination addressing whether the pre-existing psychiatric disorder was aggravated during service.
- Remanded (sent back)
The Veteran's appeal is being remanded due to a pre-decisional duty to assist error. The Social Security Administration records need to be obtained and reviewed.
- Remanded (sent back)
The Veteran's initial rating of 50% for schizoaffective disorder is increased to 70% from June 22, 2009 to April 30, 2010 and from July 1, 2010 to August 18, 2020. A temporary total disability rating of 100% for hospital treatment due to schizoaffective disorder is granted from March 1, 2010 to June 30, 2010. The Veteran's entitlement to TDIU prior to August 18, 2020 is also granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.