The Veteran's claim for an earlier effective date for a 30 percent rating for Posterior Tibial Tendon Dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially was denied as there is no evidence or allegation of any pending claim prior to March 16, 2007 that could have resulted in an earlier effective date.
The deciding factor: The Veteran did not establish clear and unmistakable error (CUE) in the April 2002 rating decision which granted service connection for right ankle sprain with degenerative joint disease. There is no evidence from which it was factually ascertainable that an increase in disability, sufficient to warrant assignment of a 30 percent rating for severe foot disability had occurred within the one-year period prior to the filing of the March 16, 2007 claim for increase.
- Claimed conditions
- Posterior Tibial Tendon Dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 8, 2017
- Citation
- 1731933
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 1731933.
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)
The Board has remanded the case for further adjudication, including determining whether the recharacterization of the Veteran's disability constituted a severance of service connection and whether he is entitled to a separate rating for right ankle symptomatology.
- Denied
The Veteran's claim for an earlier effective date of the current 30 percent disability rating is denied as there was no pending claim prior to March 16, 2007, pursuant to which the higher, 30 percent rating could have been granted.
- Denied
The Veteran's claim for an earlier effective date for a 30 percent rating for Posterior Tibial Tendon Dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially is denied as there was no pending claim prior to April 5, 2007 that could have resulted in the higher rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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