The Board denied the Veteran's claim for an earlier effective date for a 10% disability rating for his service-connected left foot disability, finding that no formal or informal claim was received prior to February 26, 2007.
The deciding factor: The Board found that there was no evidence of any communication in writing before February 26, 2007, which could be construed as a formal or informal claim for an increased rating for the left foot disability. The Veteran's statements and assertions were not sufficient to rebut the presumption of regularity.
- Claimed conditions
- left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 8, 2010
- Citation
- 1041933
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 1041933.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
- Granted
The Veteran's left foot disability and anxiety disorder render him in need of regular aid and attendance due to his physical limitations and cognitive impairments, which require assistance from another person.
- Denied
The Board denied service connection for multiple disabilities, including neck, back, left foot, left knee, right knee, right foot, and right shoulder disabilities. The Board found insufficient evidence to support presumptive or secondary service connection.
- Denied
The Board has denied the Veteran's claims of service connection for lumbar spine, cervical spine, right knee, left knee, right foot, left foot, and right ankle disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his military service.
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