The Board denied the Veteran's claim for an earlier effective date for his 80 percent disability rating for loss of use of right foot, finding that it was not factually ascertainable that an increase in disability had occurred within one year prior to May 17, 2018.
The deciding factor: The evidence did not show a factual increase in the severity of the Veteran's condition during the one-year lookback period before his claim for increased rating was filed.
- Claimed conditions
- loss of use of right foot (claimed as muscular atrophy, disuse, peripheral neuropathy, foot drop, paralysis, sciatic, common peroneal, superficial peroneal, deep peroneal, internal tibial, posterior tibial)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001945
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied the veteran's claims for a higher initial rating for other specified trauma and stressor-related disorder, service connection for peripheral neuropathy, a skin disorder of the genital region, and a right knee disability. The claim for sleep apnea was remanded.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
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