The Board denied the Veteran's claim for an earlier effective date of May 17, 2018, for his 80% disability rating for loss of use of right foot. The Veteran argued that he should have received a higher rating based on peripheral nerve damage from his in-service back surgery, but the evidence did not show an increase in severity within one year prior to filing his May 2018 claim.
The deciding factor: The Board found it not factually ascertainable that the severity of the loss of use of the Veteran's right foot increased in severity during the one-year lookback period prior to filing his May 2018 increased rating claim.
- Claimed conditions
- 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
- Not verified here — check the original decision
- Decision date
- January 11, 2024
- Citation
- 24001945
Veterans Law Judge
Decisions by this judge: 835 · Granted: 22% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 24001945.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
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- Whole decision: Granted
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- Whole decision: Remanded (sent back)
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