The Board found that the veteran's substantive appeal was timely filed as it is not clear that a statement of the case was sent to him in October 2004, and thus the issue of whether there was clear and unmistakable error in the evaluation assigned for pes planus by a rating decision in July 1959 should be further addressed.
The deciding factor: The Board concluded that it is not clearly established that a statement of the case was sent to the veteran in October 2004, which could have triggered his timely filing of a substantive appeal.
- Claimed conditions
- pes planus (flatfeet)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2008
- Citation
- 0802945
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 0802945.
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.
- Granted
The veteran's flatfeet were aggravated by active service, and he is granted service connection for this condition. The other claims are denied as not well grounded.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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