The veteran's cold injury residuals of the right and left foot do not meet or nearly approximate the criteria for a rating in excess of 20 percent, and he does not qualify for special monthly compensation based on the need for aid and attendance.
The deciding factor: The evidence shows that the veteran's cold injury residuals are manifested by numbness, cold sensitivity, and nail abnormalities. However, there is no evidence of pain, tissue loss, color changes, locally impaired sensation, hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis) that would warrant a higher rating.
- Claimed conditions
- cold injury residuals of the right foot, cold injury residuals of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2009
- Citation
- 0901324
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.
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The Board granted an initial rating of 30 percent for cold injury residuals of the left foot as of April 23, 2014, but denied earlier effective dates and increased ratings for both conditions.
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- Remanded (sent back)
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