The Board denied service connection for a lumbosacral spine disability and denied an earlier effective date for TDIU, finding that the Veteran's current disabilities did not meet the criteria for these claims.
The deciding factor: The VA examiner found no evidence of a relationship between the Veteran’s lumbosacral spine disability and active service or her service-connected right foot disability. The Board also determined that the Veteran was not entitled to an earlier effective date for TDIU as she did not meet the schedular criteria for a total disability rating based on individual unemployability prior to October 19, 2015.
- Claimed conditions
- lumbosacral spine disability, major depressive disorder, right foot drop, right ankle degenerative arthritis, right foot metatarsalgia, right foot sesamoid bone fracture with degenerative changes of the great toe, left knee strain, painful scar of the right lower extremity, right lower extremity scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 15, 2020
- Citation
- 20066904
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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