The Board denied earlier effective dates for the award of service connection and ratings for various conditions including right shoulder acromioclavicular joint separation and rotator cuff tendonitis, right foot conditions, bilateral hearing loss, left hip strain, and other disabilities.
The deciding factor: The claims were denied as there was no evidence to support an earlier effective date based on the facts found and applicable laws regarding service connection and ratings.
- Claimed conditions
- right shoulder acromioclavicular joint separation and rotator cuff tendonitis (clavicle or scapular impairment), right shoulder acromioclavicular joint separation and rotator cuff tendonitis (limitation of motion), right foot strain/arthritis of the first metatarsophalangeal joint/hallux valgus, right foot hammer toes, fourth and fifth digits, bilateral hearing loss, left hip strain (limitation of adduction, abduction and rotation), left hip strain (limitation of flexion), left shoulder condition, left foot condition, diabetes mellitus, type II, hypertension, obstructive sleep apnea (OSA), headache condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000324
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
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