The Veteran's claim to reopen the heart disability was denied due to lack of new and material evidence.,The effective date for PTSD was not granted earlier than March 14, 2014, as no formal or informal claim existed prior to that date.,The effective date for radiculopathy was not granted earlier than August 15, 2017, as the Veteran did not file a service connection claim prior to this date.,PTSD is now rated at 100 percent due to total occupational and social impairment.,Hiatal hernia remains at a 10 percent rating with no indication of more severe symptoms.,Hypertension continues at a 10 percent rating without evidence of diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more.,Osteoarthritis of lumbar spine remains at a 10 percent rating with no indication of forward flexion less than 60 degrees.
The deciding factor: The evidence did not show the presence of a current heart disability, and the Veteran's representative's statements were deemed insufficient to reopen the claim.,No formal or informal claim for PTSD existed prior to March 14, 2014, making an earlier effective date inapplicable.,Radiculopathy was established after August 15, 2017, and no service connection claim had been filed before this time.,PTSD is rated at 100 percent due to total occupational and social impairment.,Hiatal hernia symptoms are not severe enough to warrant a higher rating.,Hypertension does not meet the criteria for a higher rating based on diastolic or systolic pressure readings.,Osteoarthritis of lumbar spine is rated at 10 percent due to less than full range of motion, but no other severe symptoms.
- Claimed conditions
- heart disability, posttraumatic stress disorder (PTSD), radiculopathy, right lower extremity, hiatal hernia, hypertension, osteoarthritis of lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081016
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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