The Board denied the Veteran's request for an earlier effective date for the 30% ratings for left and right foot cold injuries, finding that the claim was not a freestanding claim but rather a request to reopen her previously denied claim. The effective date of the increased ratings is set as March 7, 2007.
The deciding factor: The Board found that the Veteran's request was a request to reopen her previously denied claim and thus could only be granted based on clear and unmistakable error (CUE), not an earlier effective date. There was no evidence of increased severity prior to March 7, 2007.
- Claimed conditions
- left foot cold injury, right foot cold injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 16, 2019
- Citation
- 19138157
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19138157.
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claims of service connection for a left foot cold injury, migraines, and right ear hearing loss are dismissed.,The Veteran's claim for an increased rating for left ear hearing loss is also dismissed.,The Veteran's claims of service connection for right ankle strain, left ankle strain, and bilateral knee conditions are dismissed.,The Veteran's claims of service connection for a lumbar condition, bilateral hip conditions, and a right foot cold injury are remanded.
- Remanded (sent back)
The Board remands the claims for further development, including efforts to locate and reconstruct the Veteran's missing claims file.
- Partly granted
The Board granted an initial rating of 20 percent for the left and right foot cold injuries but denied higher ratings for the left and right hand cold injuries.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining medical opinions and private podiatry records. The issues of increased ratings for left foot cold injury and right foot cold injury, as well as TDIU prior to October 17, 2017, are being addressed.
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