The Board denied service connection for the Veteran's claimed back and right knee injuries, finding that there was no evidence of hospital treatment or observation prior to January 2, 2007. The effective date for the temporary total disability rating under 38 C.F.R. § 4.29 based on PTSD is fixed at January 2, 2007.
The deciding factor: The Veteran's PTSD did not necessitate hospital treatment or observation prior to January 2, 2007, as he entered the VA PTSD program on that date and was discharged on February 16, 2007. There is no evidence of earlier hospitalization for his PTSD.
- Claimed conditions
- Residuals of a back injury, Residuals of a right knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2013
- Citation
- 1338358
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 1338358.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied a rating in excess of 10 percent for the Veteran's right knee injury and remanded the claim for service connection for gastroesophageal reflux disease (GERD).
- Remanded (sent back)
The Board remanded the issues of service connection for residuals of a pelvic injury, back injury, left hip injury, and head injury, as well as the issue regarding whether the injuries were due to willful misconduct.
- Remanded (sent back)
The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed to address his hypertension and psychiatric disorder.
- Granted
The Veteran's service-connected disabilities, including his right leg disabilities and psychiatric condition, require regular aid and attendance. The Board granted SMC based on the need for aid and attendance.
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