The Veteran's bilateral foot pain was not incurred or aggravated in service and may not be presumed to have been incurred in service. The criteria for a rating higher than 10 percent for a low back disability have not been met, but separate evaluations for neurological manifestations of the low back disability in both lower extremities have been granted.
The deciding factor: The evidence does not support a current diagnosis of a bilateral foot disability, and there is no indication that the Veteran's low back disability warrants a rating higher than 10 percent. However, separate ratings for neurological manifestations are warranted based on mild neurological symptoms in both lower extremities.
- Claimed conditions
- Bilateral foot pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905154
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a bilateral hip disability, right hand sprain, back DJD, neck DJD, bilateral knee DJD, bilateral foot pain, DM II, and OSA as the evidence did not support a finding of a current disability or a nexus to service.
- Denied
The Board denied service connection for various conditions, including an acquired psychiatric disorder, tinnitus, gastrointestinal issues, foot pain, hand scars, shin splints, migraines, thoracolumbar spine condition, and respiratory condition, as the evidence did not support a finding that any of these conditions were incurred in or aggravated by active military service.
- Partly granted
The Board granted service connection for posttraumatic stress disorder and tinnitus, while denying service connection for various other disabilities including the right ankle, left ankle, right shoulder, left shoulder, right knee, left knee, heart, respiratory, kidney, venous thrombosis, urinary hesitancy, acute metabolic encephalopathy, hypertension, obstructive sleep apnea, sleep disturbance, abdominal distension, atherosclerotic peripheral vascular disease, neurological disability, chronic fatigue syndrome, erectile dysfunction, stroke, skin disability, fibromyalgia, bilateral foot pain, hammer toes, tinea pedis, meningitis, GERD, traumatic brain injury, and irritable bowel syndrome. The Board also remanded the claims for service connection for hearing loss and a back disability.
- Partly granted
The Board granted service connection for posttraumatic stress disorder (PTSD) and denied the remaining claims, including higher ratings for left shoulder strain with labral tear, bilateral hearing loss, tinnitus, a low back disability, and bilateral foot pain.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.