The Veteran's appeal for an effective date prior to June 1, 2015, for the grant of service connection for bilateral toenail onychomycosis has been withdrawn.,The Veteran's appeals for service connection for a sinus disability, asbestos exposure, tendonitis, respiratory disability, and residuals from burns have all been withdrawn. The effective date for his service connection claims for bilateral pes planus and lumbosacral strain is now set at November 11, 2005.
The deciding factor: The RO violated the Veteran's due process rights by failing to reschedule a DRO hearing when he requested it. The Veteran was also called up for active duty during the pendency of his original appeal, which interfered with his ability to timely file an appeal.
- Claimed conditions
- bilateral toenail onychomycosis, sinus disability, asbestos exposure, tendonitis, respiratory disability, residuals from burns, bilateral pes planus, lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2022
- Citation
- 22029797
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 22029797.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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