The Veteran's claim for an earlier effective date for the grant of service connection for a right ankle disability is denied as there was no clear and unmistakable error in the October 1970 rating decision, and the result would not have been manifestly different but for the alleged error.
The deciding factor: The Board found that the Veteran's arguments regarding CUE were insufficient to establish legal merit, as they amounted to disagreement with how VA evaluated the facts at the time of the initial denial and when service connection was granted by the Board in September 2011.
- Claimed conditions
- Right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148644
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.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The Board dismissed the appeals for a compensable rating for bilateral hearing loss, an increased rating for tinnitus, service connection for vertigo, and service connection for a right ankle disability due to untimely VA Form 10182 submissions without good cause shown.
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