The Veteran's claims for effective dates prior to August 26, 2009 for the awards of service connection for various joint conditions have been denied as there is no evidence or correspondence in the record that was received prior to August 26, 2009 which could be construed as either a timely notice of disagreement and/or a CUE challenge to the rating decisions which assigned (in December 1973) and continued (in June 1999) the noncompensable rating for migratory arthritis of multiple joints.
The deciding factor: The effective date for the awards of service connection is governed by VA regulations, and in this case, the earliest possible (and appropriate) effective date is August 26, 2009, as there was no evidence or correspondence received prior to that date which could be construed as either a timely notice of disagreement and/or a CUE challenge.
- Claimed conditions
- Degenerative joint disease of the right elbow, Degenerative disc changes of the cervical spine, Degenerative joint disease of the lumbar spine, Arthritis of the right knee, Arthritis of the left knee, Arthritis of the right ankle, Arthritis of the left ankle, Arthritis of the right wrist, Degenerative joint disease of the bilateral hands, Arthritis of the bilateral great toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2015
- Citation
- 1540376
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 1540376.
What this means for you
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- Granted
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