The Board denied the Veteran's claims for an earlier effective date for a 100 percent rating for his heart disability and a 10 percent rating for his rib disability, finding that it was not factually ascertainable that these disabilities had increased to warrant such ratings prior to June 15, 2001.
The deciding factor: The evidence of record does not provide a basis for an effective date earlier than June 15, 2001, as there is no indication of an increase in disability during the year preceding the claim.
- Claimed conditions
- heart disability (status-post repair atrial septal defect, with residual chest pain, left bundle branch block, and congestive heart failure), rib disability (status-post right 4-8 fractured ribs)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002228
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 remanded the claims for service connection for cause of death and entitlement to DIC due to inadequate medical examination.
- Remanded (sent back)
The appeal is remanded to obtain additional medical records and provide proper VCAA notice.
- Remanded (sent back)
The Board has remanded the issues of service connection for left bundle branch block, defective vision, tinnitus, vertigo, and an increased rating for bilateral hearing loss to the RO for further development.
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