The Veteran filed claims for increased ratings in September 2005, which were denied by the RO in October 2005. The Veteran did not file a timely appeal of this decision.,In May 2007, the Veteran filed new claims for increased ratings, and these were granted with effective dates of May 31, 2007.
The deciding factor: The Veteran's claims for earlier effective dates are denied as there was no pending claim or evidence of an increase in disability prior to his May 31, 2007 claim.
- Claimed conditions
- Residuals of cold injury of the right lower extremity, Residuals of cold injury of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2010
- Citation
- 1029364
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 1029364.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities are of such severity as to effectively preclude substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him.
- Granted
The Veteran's service-connected disabilities, including residuals of a fracture of the right humerus and acromion of the scapula, residuals of cold injuries of both lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is entitled to a TDIU rating.
- Granted
The Veteran meets the percentage requirements for a TDIU due to his service-connected disabilities, and the medical evidence indicates that these disabilities prevent him from obtaining and retaining substantially gainful employment.
- Denied
The veteran's claims for increased evaluations of his service-connected cold injury residuals have been denied. The RO has not assigned a compensable evaluation for the upper extremities or ears, and the claimant is not entitled to an increased rating based on the current evidence.
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