The Board denied the Veteran's claim for an earlier effective date for service connection of bilateral PCS/ECS, finding that the February 1978 rating decision was delivered to the wrong address and thus not received by the Veteran. The Board concluded that the presumption of regularity in VA operations supported the delivery of the decision.
The deciding factor: The Board found clear evidence to rebut the presumption of regularity due to errors in the mailing of the February 1978 rating decision, which was sent to a different address than the one listed as the Veteran's correct address at that time.
- Claimed conditions
- bilateral posterior compartment syndrome (PCS)/exertional compartment syndrome (ECS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2023
- Citation
- 23052241
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 23052241.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for bilateral posterior compartment syndrome (PCS)/exertional compartment syndrome (ECS), finding that the evidence did not support an earlier effective date than January 7, 2008.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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