The Board denied the Veteran's claim for an effective date prior to May 2, 2014 for a 40 percent disability rating for right femoral popliteal bypass due to arterial stenosis. The Board found that there was no medical evidence of record within a year prior to this date from which it could be factually ascertainable that the criteria for an increase had been met.
The deciding factor: The Veteran's lay statement regarding progressive worsening of his symptoms did not establish factual ascertainability of an increase in disability prior to May 2, 2014.
- Claimed conditions
- right femoral popliteal bypass due to arterial stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 17, 2019
- Citation
- 19179456
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
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