The November 1989 rating decision denying service connection for residuals of a back injury was not clearly and unmistakably erroneous, and the veteran's pes planus is not manifested by symptoms warranting a disability rating in excess of 10 percent.
The deciding factor: The RO correctly applied the law at the time, considering the available evidence which did not show chronic back disability or severe foot symptoms to support a higher rating.
- Claimed conditions
- Back injury, Bilateral pes planus with left hallux limitus, right plantar fasciitis, status post-operative
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 14, 2008
- Citation
- 0815796
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 tinea pedis, left foot, and generalized anxiety disorder, while denying increased ratings for knee conditions and other disabilities.
- Remanded (sent back)
The Board remands the service connection claim for right plantar fasciitis to correct a pre-adjudicatory duty to assist error and obtain additional evidence regarding the Veteran's in-service ankle injury.
- Granted
The Board granted service connection for bilateral pes planus, left plantar fasciitis, and right plantar fasciitis.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.