The Veteran seeks earlier effective dates for the increased disability rating of 10 percent for service-connected residual scars, status post appendectomy, exploratory laparotomy, and right bunionectomy, as well as for the grant of service connection for right foot hallux valgus. The Board finds that the earliest possible effective date is July 31, 2013.,The Veteran's claim for a higher rating for her residual scars was denied in June 2007 and became final. She filed a formal claim seeking an increased evaluation on July 31, 2013, which the RO considered as the date of claim. The effective date is set at that time.
The deciding factor: The earliest possible effective date for the increase in disability rating is determined by the date of claim.
- Claimed conditions
- residual scars, status post appendectomy, exploratory laparotomy, and right bunionectomy, right foot hallux valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2019
- Citation
- 19154709
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 19154709.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the merits as they have no jurisdiction.
- Remanded (sent back)
The Board has remanded the case due to errors in considering all conditions and a need for an addendum opinion regarding the relationship between the Veteran's current right great toe / foot disability and his claimed frostbite injury.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
- Denied
The Veteran's claims for increased ratings were denied as he failed to report for scheduled VA examinations. The TDIU claim was granted due to the combined effects of his service-connected disabilities.
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