The Board has granted earlier effective dates of March 1, 1982 for the grant of service connection for right and left foot cold injury residuals. The CUE motion in the June 22, 1982 rating decision denying service connection was dismissed as moot.
The deciding factor: The presumption of regularity having been rebutted, VA is unable to meet the burden of showing that the Veteran received the July 2, 1982 letter informing of the denial of service connection for cold injury residuals of the right and left feet. As such, the March 1, 1982 claim remained open at the time of the October 2010 rating decision granting service connection.
- Claimed conditions
- cold injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2019
- Citation
- 19116383
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 19116383.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remanded all issues to correct errors in assisting the veteran, including obtaining missing records.
- Granted
The Board has granted a rating of 30 percent for the Veteran's cold injury residuals of both feet, effective from the date of claim.
- Remanded (sent back)
The Board has decided to remand the case due to new medical evidence received after the last Supplemental Statement of the Case (SOC). The Veteran is asked to provide information about any VA and non-VA healthcare providers who have treated him for his disabilities.
- Remanded (sent back)
The Board has determined that the June 2019 rating decision denying service connection for cold injury residuals and low back disability is flawed due to an incorrect evidentiary standard. The claims are being remanded for reconsideration using a more liberalized evidentiary standard.
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