The Veteran's claim for an effective date prior to March 9, 2016 for bilateral hearing loss was denied as there is no indication of a prior claim. The effective date for the award of service connection for bilateral hearing loss has been assigned based on the date of the initial claim.,An earlier effective date of March 9, 2015 was granted for left leg amputation below the knee and SMC based on anatomical loss of the left lower extremity below the knee as the Veteran's claims encompassed these conditions at the time he filed his April 2016 claim.,An earlier effective date of March 9, 2015 was granted for right lower extremity peripheral vascular disease and left lower extremity peripheral vascular disease based on liberalizing legislation regarding herbicide agent exposure. The earliest effective date is one year prior to the receipt of his intent to file.,The Veteran's claim for an earlier effective date of September 30, 2016 for service connection for left lower extremity peripheral vascular disease was denied as there is no indication that this condition existed at the time he filed his April 2016 claim.
The deciding factor: The Board found that the Veteran's claims encompassed the conditions in question and granted earlier effective dates based on liberalizing legislation regarding herbicide agent exposure.
- Claimed conditions
- bilateral hearing loss, coronary artery disease, atherosclerotic cardiovascular disease, left leg amputation below the knee, right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, anatomical loss of left lower extremity below the knee
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- A20016088
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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