The Veteran's claim for an earlier effective date than May 19, 2006 for the assignment of a 30 percent rating for his service-connected right deltoid disability was denied as there is no evidence demonstrating a factually ascertainable increase in severity prior to that date.
The deciding factor: The record does not provide a basis for an earlier effective date due to the lack of evidence showing a factually ascertainable increase in severity within one year before May 19, 2006.
- Claimed conditions
- residuals of a muscle abscess of the right deltoid
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909495
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
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