The Board granted an earlier effective date of March 2, 1987, for the grant of service connection for tendonitis, Achilles, secondary to healed partial left Achilles tendon laceration due to clear and unmistakable error in a prior rating decision.
The deciding factor: The July 20, 1998 rating decision is clearly and unmistakably erroneous because the correct facts were not before the RO at that time, specifically the existence of a prior pending claim from March 2, 1987.
- Claimed conditions
- tendonitis, Achilles
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907627
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for shin splints, tendonitis, headaches, and sleep apnea as there was no evidence of current disabilities related to the appellant's military service.
- Partly granted
The Board denied service connection for tendonitis and remanded claims for sleep apnea, asthma, an acquired psychiatric disorder, and a penile disorder.
- Dismissed
The appeal for increased evaluations of the Veteran's right knee disabilities and service connection for a right shoulder condition was dismissed due to an impermissible concurrent election in the review process.
- Partly granted
The Board granted service connection for cervical, thoracic, and lumbar spine disabilities, bilateral pes planus and plantar fasciitis, tinnitus, chronic sinusitis, allergic rhinitis, digestive disabilities including irritable bowel syndrome with abdominal pain and nausea, pelvic organ disabilities, iron deficiency anemia, and genital herpes. Service connection was denied for acne, tendonitis, fibromyalgia, painful joints, left shin splints, right shin splints, left ankle condition, right ankle condition, left carpal tunnel syndrome, right carpal tunnel syndrome, respiratory infection, GERD, PTSD, anxiety condition, manic-depressive reaction, and psychiatric disorder other than unspecified depressive disorder with symptoms of suicidal ideation. An initial 50% rating was granted for the service-connected unspecified depressive disorder.
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