The veteran's headaches are found to be aggravated by his service-connected right knee disability. Service connection is granted for the status-post bunionectomy, with surgical scar, hallux valgus, and plantar fasciitis of each foot. The initial compensable ratings for these conditions remain unchanged. Higher initial disability ratings for instability of the right knee and limitation of flexion and traumatic arthritis are denied.
The deciding factor: The veteran's headaches were found to be aggravated by his service-connected right knee disability, warranting service connection based on aggravation. His status-post bunionectomy with surgical scar, hallux valgus, and plantar fasciitis of each foot remains at a 20% rating as the initial compensable ratings for these conditions have not changed.
- Claimed conditions
- headaches, status-post bunionectomy with surgical scar, hallux valgus, and plantar fasciitis of each foot, right knee disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 3, 2006
- Citation
- 0606287
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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