The Veteran's claim for an earlier effective date for the grant of a 90 percent disability rating for amputation, left upper arm, above insertion of deltoid was denied as there is no evidence showing that it is factually ascertainable that an increase in disability had occurred prior to April 16, 2004.
The deciding factor: There is no medical evidence within one year prior to April 16, 2004 showing that the amputation, left upper arm, above insertion of deltoid met criteria for an increase in rating.
- Claimed conditions
- amputation, left upper arm, above insertion of deltoid
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908386
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 remands the claims for service connection for amputation, right hip disorder, right knee disorder, left ankle disorder, and right ankle disorder to provide the Veteran with VA examinations.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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.