The Board denied a rating in excess of the current 30 percent for the veteran's service-connected right foot residuals of multiple fractures of the metatarsal bones with hammertoes, finding that assignment of an evaluation in excess of 30 percent would violate the amputation rule.
The deciding factor: Assignment of a higher rating in this case under Diagnostic Codes 5282 or 5283, or any other Diagnostic Code, would violate the amputation rule.
- Claimed conditions
- right foot residuals of multiple fractures of the metatarsal bones, hammertoes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 2, 2007
- Citation
- 0706168
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 0706168.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's bilateral foot disability, including plantar fasciitis, hammertoes, and pes cavus, is being remanded due to a duty-to-assist error. The VA examination did not address the pre-existing pes cavus upon entry into service and did not provide an adequate rationale for the remaining foot disabilities.
- Granted
The Board has granted service connection for bilateral foot condition, including pes planus, hallux rigidus, plantar fasciitis, hammertoes, and arthritis. The Veteran's preexisting pes planus was aggravated by his military service.
- Partly granted
The Board granted service connection for bilateral foot hallux valgus, pes planus, hammertoes, and degenerative arthritis, with an effective date of February 19, 2019. The Board also granted an increased (40 percent) rating for residuals, rupture, right biceps tendon with elbow limitation of supination and extension.
- Partly granted
The Board granted a rating of 50 percent for bilateral pes planus and plantar fasciitis since April 22, 2021, but denied earlier effective dates and increased ratings prior to that date.
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