The appeal for an earlier effective date was denied as it was not factually ascertainable that the veteran's left ankle fracture had increased in disability within one year prior to November 30, 2004.
The deciding factor: It was not factually ascertainable that the increase in disability had occurred within one year of the claim receipt date, thus the earliest possible effective date has been set for the 10 percent rating for left ankle fracture.
- Claimed conditions
- left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900359
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.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with some issues being remanded.
- Remanded (sent back)
The Board remands the claim for service connection for left ankle fracture to obtain an adequate medical opinion.
- Dismissed
The Veteran withdrew his appeal in its entirety, and the claims for service connection and higher ratings were dismissed.
- Remanded (sent back)
The Board remands the claims for service connection for a right ankle condition, left ankle fracture, psychological disorder, and back condition to ensure that all evidence reviewed by the AOJ at the time of the January 2021 rating decision is properly documented.
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