The Board denied the Veteran's claim for an earlier effective date for service connection of left ankle degenerative joint disease, finding that the April 1989 rating decision denying service connection was not clearly and unmistakably erroneous. The Board also determined that there is no legal basis to assign an effective date prior to January 20, 2002.
The deciding factor: The Veteran's original claim for service connection was denied in a final April 1989 rating decision. He did not file a notice of disagreement or submit new and material evidence within the one-year appeal period. The Board found that his subsequent claim to reopen the prior disallowance, filed on January 30, 2002, is later than when entitlement arose (when he originally claimed service connection in March 1989).
- Claimed conditions
- left ankle degenerative joint disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2016
- Citation
- 1624917
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 1624917.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a medical opinion to address the ameliorative effects of medication on the Veteran's left ankle disability.
- Partly granted
The Board granted ratings for the Veteran's left knee degenerative joint disease, meniscectomy with residuals, instability, genu recurvatum, and limitation of extension, but denied a rating in excess of 100 percent for his left knee total knee arthroplasty and an initial rating in excess of 10 percent for his left ankle degenerative joint disease.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral plantar fasciitis, right and left ankle degenerative joint disease, and erectile dysfunction to obtain additional evidence.
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