The Board denied the claim of clear and unmistakable error in an April 1990 rating decision that did not address service connection for knee disability or pes planus.
The deciding factor: It was not undebatable that the evidence at the time of the April 1990 rating decision warranted entitlement to service connection for pes planus or any knee disability, as there was no evidence of then-current disabilities and no medical nexus between the in-service complaints and current conditions.
- Claimed conditions
- knee disability, pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901419
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.
- Partly granted
The Board denied increased ratings for the Veteran's back, right ring finger, and left foot hallux valgus disabilities but granted an initial 30 percent rating for pes planus from August 17, 2021, a 50 percent rating for pes planus from December 15, 2023, and a separate 10 percent rating for bilateral plantar fasciitis from August 17, 2021.
- Remanded (sent back)
The Board remands the claim for a left foot disability to correct a pre-decisional duty to assist error, specifically regarding an inadequate October 2024 VA examination.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for various disabilities due to treatment at a VAMC in April 2007, finding no evidence of additional disability caused by carelessness or negligence on VA's part.
- Denied
The Board denied service connection for pes planus, bilateral degenerative changes of the feet, bilateral hammertoe deformity, bilateral foot ulcers, and onychomycosis as there was no evidence to support an increase in severity during active service.
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