The veteran's claims for initial compensable ratings for bilateral pes planus and herpes simplex of the lip were denied.
The deciding factor: The evidence did not show a moderate flatfoot condition or weight-bearing line over or medial to the great toe, inward bowing of the tendo achillis, and pain on manipulation and use of the feet, which would warrant a compensable rating for pes planus. For herpes simplex of the lip, there was no evidence of exudation or itching constant, extensive lesions, or marked disfigurement prior to November 23, 2006; however, beginning that date, active pathology and use of an antiviral drug therapy were noted.
- Claimed conditions
- bilateral pes planus, herpes simplex of the lip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903052
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0903052.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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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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