The Board denied the appellant's request for an earlier effective date of September 28, 2000 for a 10% disability rating for residuals of a right foot 3rd metatarsal fracture.
The deciding factor: VA determined that no factually ascertainable increase in disability occurred within one year prior to the appellant's claim for an earlier effective date.
- Claimed conditions
- residuals of a right foot 3rd metatarsal fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 1, 2008
- Citation
- 0841256
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 0841256.
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.
- Remanded (sent back)
The Board of Veterans' Appeals has ordered the case to be remanded for additional development due to a need to obtain private medical records from Drs. Brosac and Ambroziak, which could contain information establishing an earlier effective date for the appellant's increased rating claim.
- Denied
The veteran's claim for an increased disability rating for his service-connected residuals of a right foot 3rd metatarsal fracture was denied, as the evidence did not show that he had been disabled to a degree warranting a 10 percent rating within one year prior to September 28, 2000.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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