The Board found that the September 1990 rating decision contained clear and unmistakable error in denying service connection for bilateral pes planus due to a failure to consider medical records from the period of service from 1987 to 1990, which showed an increase in symptoms and disability. As a result, the claim is granted.
The deciding factor: The September 1990 rating decision failed to consider evidence showing an increase in symptoms and disability during the veteran's period of service from 1987 to 1990, leading to a failure to recognize aggravation of preexisting bilateral pes planus.
- Claimed conditions
- bilateral pes planus
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- March 22, 2007
- Citation
- 0708568
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 0708568.
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 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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