The Board has granted service connection for the veteran's bilateral bunionectomy. However, his claim for a temporary total disability evaluation under 38 C.F.R. § 4.30 for convalescence from these surgeries remains denied.
The deciding factor: The decision on service connection is based on the aggravation of pre-existing bunions by service-connected knee disabilities, while the denial of the temporary total disability evaluation is due to the lack of a nexus between the service-connected conditions and the surgery.
- Claimed conditions
- bunionectomy, osteochondritis of both knees
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2005
- Citation
- 0531634
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 0531634.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board could not determine if the veteran's conditions impaired his ability to work.
- Remanded (sent back)
The Veteran's right foot disability, including neuroma second web space and bunionectomy, is remanded for a new examination to assess its severity. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claim.
- Denied
The Board has determined that the Veteran's bilateral foot disability, including his bunionectomy and pes planus, is adequately addressed by the current schedular rating criteria. The evidence does not demonstrate exceptional or unusual circumstances warranting an extraschedular evaluation.
- Denied
The Veteran's claim for a higher disability rating for hallux valgus with bunionectomy and hammertoe of the left foot was denied as his symptoms are already addressed by the current 10% schedular rating.
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