The Board denied the Veteran's claims for an earlier effective date for increased ratings for right foot and left shoulder disabilities, as it was not factually ascertainable that the disability had worsened to warrant a higher rating within one year of the November 2019 claim.
The deciding factor: There is no medical evidence between November 8, 2018, and November 18, 2019, making it factually ascertainable that the Veteran's right foot disability was 30 percent disabling or that her left shoulder disability had worsened to warrant a 20 percent rating.
- Claimed conditions
- right foot nerve damage/pain with surgery, left shoulder pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069367
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied the veteran's claims for a rating in excess of 10 percent for painful right gluteal cleft scar, a compensable rating for allergic rhinitis, and service connection for left shoulder pain and an acquired psychiatric disorder.
- Partly granted
The Board granted service connection for exostosis right foot and bilateral plantar fasciitis, but denied service connection for hysterectomy, left shoulder pain, right shoulder pain, dysmenorrhea, chronic obstructive lung disease, female sexual arousal disorder, and a foot callus.
- Partly granted
The Board granted service connection for PTSD and an initial 20 percent rating for dry eye syndrome with pinguecula, while denying service connection for other psychiatric disorders, bilateral hearing loss, tinnitus, and multiple musculoskeletal conditions. Some claims were remanded for further development.
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