The Veteran's claims for earlier effective dates for service connection of residuals of cold injury in the right and left lower extremities, as well as encephalitis, were denied.,It is not factually ascertainable from the medical evidence of record that within the year prior to September 30, 2009, the Veteran's service-connected encephalitis warranted a rating of 100 percent.
The deciding factor: The effective dates for the awards of service connection were final and binding based on the evidence then of record. The Veteran did not appeal the assigned effective dates.
- Claimed conditions
- Encephalitis, Residuals of Cold Injury in Right Lower Extremity, Residuals of Cold Injury in Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2013
- Citation
- 1320097
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 1320097.
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.
- Denied
The Veteran's service-connected encephalitis has been rated at 10 percent since November 16, 1953, and from March 17, 1956, to September 29, 2009. The appeal is denied as the criteria for a higher rating are not met.
- Granted
The Board has granted the Veteran's claims for service connection for Human Immunodeficiency Virus and all related complications, including Encephalitis and Neuropathy. The Veteran also received a grant for dental treatment purposes due to his HIV.
- Dismissed
The veteran's appeal requests for both increased disability rating and service connection were dismissed due to untimely filing.
- Denied
The Veteran's service-connected encephalitis has been rated at 10 percent since November 16, 1953, and from March 17, 1956, to September 29, 2009. The appeal is denied as the current rating adequately reflects the severity of his condition.
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