The Board found that the veteran's service-connected disabilities did not prevent him from engaging in substantially gainful employment prior to November 2, 1998. Therefore, an earlier effective date for a total compensation rating based on individual unemployability is denied.
The deciding factor: The evidence showed that the veteran was employed but it was marginal or less than substantially gainful at the time of his original claim in April 1998, and his service-connected disabilities resulted in no more than moderate industrial impairment.
- Claimed conditions
- bilateral hammertoes with ingrown toenails, bilateral pes planus, traumatic arthritis, right knee, traumatic arthritis, left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2004
- Citation
- 0433554
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 0433554.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Denied
The Veteran's hypertension, bilateral pes planus, PTSD, and anxiety were all denied as service connection was not established based on the evidence of record.,Bilateral pes planus was denied due to lack of current diagnosis.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Denied
The Veteran's bilateral pes planus is rated at 30 percent, which does not meet the criteria for a higher rating. The Board denied his claim for a higher rating as his pes planus did not result in pronounced flatfoot with marked pronation, extreme tenderness of plantar surfaces of the feet, or marked inward displacement and severe spasm of the Achilles' tendon on manipulation. For TDIU, the Veteran was granted from March 2, 2019, based on his service-connected disabilities rendering him unable to obtain and follow a substantially gainful occupation.
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