The Veteran's request for an earlier effective date than July 1, 2009 for the award of a 30% evaluation for right foot injury with great toe fracture is dismissed.,The Veteran's request for an earlier effective date than May 7, 2012 for the grant of service connection for a right hip strain is dismissed.,The Veteran's request for an earlier effective date than March 12, 2010 for the award of service connection for low back disability with a 20% evaluation is dismissed.,The Veteran's requests for earlier effective dates prior to August 18, 2015 for impairment of right hip, limitation of flexion of right thigh (hip), left hip strain, and limitation of flexion of left thigh (hip) are all dismissed.,The Veteran's request for an earlier effective date than August 18, 2015 for a 20% evaluation for right shoulder rotator cuff tendonitis status-post surgery is dismissed.
The deciding factor: The Board determined that the Veteran’s requests for earlier effective dates were freestanding claims and thus could not be granted as they did not involve reopening of previously denied claims.,The Board found that the Veteran's requests for earlier effective dates related to service connection decisions, which are final when a NOD is not filed within one year of the decision. The Veteran did not file a NOD in these cases.,The Board concluded that the Veteran’s requests were freestanding claims and thus could not be granted as they did not involve reopening of previously denied claims.,The Board found that the Veteran's requests for earlier effective dates related to service connection decisions, which are final when a NOD is not filed within one year of the decision. The Veteran did not file a NOD in these cases.,The Board determined that the Veteran’s requests were freestanding claims and thus could not be granted as they did not involve reopening of previously denied claims.,The Board found that the Veteran's requests for earlier effective dates related to service connection decisions, which are final when a NOD is not filed within one year of the decision. The Veteran did not file a NOD in these cases.,The Board concluded that the Veteran’s requests were freestanding claims and thus could not be granted as they did not involve reopening of previously denied claims.
- Claimed conditions
- Right foot injury with great toe fracture, Right hip strain, Low back disability, Impairment of right thigh (hip), Left hip strain, Limitation of flexion of left thigh (hip), Right shoulder rotator cuff tendonitis status-post surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2020
- Citation
- 20035093
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 20035093.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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