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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 9)

Disabilities: Stomach Disorder, metatarsalgia of the right foot, and Bilateral foot and leg disorder

Court of Appeals for Veterans Claims Brief: BVA Denial


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On January 8, 2007, the RO issued a letter to the veteran stating that they had received his Notice of Disagreement with the VA decision of 12/14/06 denyint entitlement to serviced connection for erectile dysfunction; bilateral leg and foot condition and the effective date assigned for increased evaluation for the back condition.

The Board Decision on Appeal
On December 21, 2007, the Board (1) remanded the claim with regard to service connection for erectile dysfunction secondary to service-connected low back disability, stating additional action was necessary before the Board decided that claim; (2) stated that new and material evidence had been submitted and the claim for service connection for stomach disorder was reopened but denied; (3) denied a disability rating in excess of 10 percent for metatarsalgia of the right foot; (4) stated that new and material (evidence) not having been submitted, the claim for service connection for bilateral foot and leg disorders other than metatarsalgia of the right foot remains denied; and stated (5) the retroactive payment of disability compensation benefits for service-connected low back disability was calculated correctly.

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