The Veteran's claims for service connection for diabetes mellitus, type II and its complications were denied as there was no diagnosis of the condition.,Service connection for posttraumatic stress disorder prior to February 20, 2003 was not granted due to lack of a formal or informal claim within one year of separation from service.,Service connection for tinnitus prior to April 14, 2003 was denied as the Veteran did not submit a formal or informal claim within one year of separation from service.,An effective date prior to February 20, 2003 for an increased rating for residuals of fractures of the distal medial malleolus and distal fibula with post-traumatic arthritis of the right ankle was denied as there was no increase in disability prior to that date.,A total disability rating for compensation based on individual unemployability from March 2004, when the Veteran's service-connected disabilities rendered him unable to work within one year, was granted effective July 31, 2004.,Initial ratings of greater than 50 percent and greater than 70 percent for posttraumatic stress disorder were denied as the symptoms did not meet criteria for total occupational and social impairment.,A rating higher than 20 percent for residuals of fractures of the distal medial malleolus and distal fibula with post-traumatic arthritis of the right ankle was denied due to lack of evidence of ankylosis or malunion.,A compensable rating for residuals of a right heminephrectomy was not granted as there were no requirements met under VA's criteria.
The deciding factor: The Veteran did not have a diagnosis of diabetes mellitus, type II, and the service treatment records did not show any signs or symptoms of diabetic retinopathy or peripheral neuropathy.,There was no formal or informal claim for posttraumatic stress disorder within one year of separation from service. The claim was received on February 20, 2003, which is more than one year after the termination of each period of military service.,The Veteran did not submit a formal or informal claim for tinnitus within one year of separation from service. The claim was received on April 14, 2003, which is more than one year after the termination of each period of military service.,There was no increase in disability prior to February 20, 2003, as evidenced by VA examinations and medical records showing that the Veteran's right ankle condition had not worsened before this date. The claim for an increased rating was denied.,The Veteran did not meet the percentage requirements of a total disability rating within one year prior to September 10, 2003, when he filed his claim for individual unemployability. The effective date was granted from July 31, 2004, which is after this period.,The symptoms associated with posttraumatic stress disorder did not meet the criteria for total occupational and social impairment under VA's rating criteria. Therefore, initial ratings of greater than 50 percent and greater than 70 percent were denied.,There was no evidence of ankylosis or malunion in the Veteran's right ankle condition, which would have warranted a higher rating. The claim for a higher rating was denied.,The residuals of the right heminephrectomy did not meet VA's criteria for a compensable rating as there were no requirements met under VA's criteria.
- Claimed conditions
- diabetes mellitus, type II, posttraumatic stress disorder, tinnitus, residuals of fractures of the distal medial malleolus and distal fibula with post-traumatic arthritis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2010
- Citation
- 1000005
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 1000005.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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.