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Denied

The Board found that the veteran's current right foot and bilateral tinnitus disabilities are not related to his active duty service. The veteran was denied service connection for a right foot disability, as there is no evidence of chronic disability resulting from an inservice injury. For tinnitus, the veteran received the maximum allowable rating under Diagnostic Code 6260 (10 percent), and separate ratings for each ear are not allowed.

The deciding factor: The Board determined that the veteran's current right foot/right great toe disorder is not related to service due to lack of chronicity post-service. The examiner noted no documentation of a fracture, but rather attributed the hallux rigidus to wear and tear throughout his life. For tinnitus, the Board applied the revised criteria under Diagnostic Code 6260, which provided for a maximum 10 percent evaluation.

Claimed conditions
Right Foot Disability, Bilateral Tinnitus
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
March 2, 2004
Citation
0405684

Veterans Law Judge

ALAN S. PEEVY

Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0405684.

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