The Board denied the Veteran's claim for an effective date prior to January 30, 2009 for a 10% disability rating for his right ankle disability. The evidence did not show that it was factually ascertainable that an increase in disability had occurred within one year prior to the Veteran's January 30, 2009 claim.
The deciding factor: The Board found no basis for finding that a claim of entitlement to an increased rating for a right ankle disability was received prior to the Veteran's January 30, 2009 claim and concluded that it is not factually ascertainable that an increased compensable disability rating for a right ankle disability was warranted within the one-year period prior to the Veteran's January 30, 2009 claim.
- Claimed conditions
- Right Ankle Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 9, 2014
- Citation
- 1440140
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 1440140.
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 Board has granted service connection for right and left ankle disabilities, as well as denied service connection for bilateral hearing loss. The Veteran's claims for other conditions are remanded due to a pre-decisional duty to assist error.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Denied
The Veteran's claim for service connection for GAD is denied as his anxiety symptoms are subsumed under PTSD.,Service connection for Right Shoulder Strain and Left Ankle Disability is denied due to lack of current diagnosis or evidence of functional impairment.
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