The Veteran's substantive appeal to the January 2001 rating decision was not timely filed, and the Board lacks jurisdiction to consider these issues. The criteria for an effective date earlier than May 29, 2007, for the assignment of a 20 percent evaluation for the Veteran's service-connected jaw disorder have not been met.
The deciding factor: The earliest medical evidence indicating that the Veteran's inter-incisal range of motion was below 31 mm was received by VA on May 29, 2007.
- Claimed conditions
- Residuals of a compression fracture of the thoracic and lumbar spines, Bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909601
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0909601.
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 has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Board has determined that the Veteran's bilateral pes planus preexisted service and was aggravated by service, warranting a grant of service connection.
- Denied
The Veteran's bilateral pes planus with bilateral plantar fasciitis is rated at 50 percent disabling, which is the maximum schedular rating permitted for acquired flatfoot. The appeal is denied.
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