The Veteran's service-connected bilateral hammertoes do not meet the criteria for a disability rating in excess of 30 percent, and his intermittent right lower extremity radiculopathy is not related to his period of service or any incident therein, including service-connected hammertoes.
The deciding factor: The Veteran's condition has not been manifested by bilateral involvement of acquired claw foot with marked contraction of plantar fascia with dropped forefoot, all toes hammertoes, very painful callosities, marked varus deformity, or the actual loss of use of either foot. The intermittent right lower extremity radiculopathy is not related to his period of service or any incident therein.
- Claimed conditions
- bilateral hammertoes, intermittent right lower extremity radiculopathy (claimed as a right leg condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911052
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 bilateral hammertoes and chronic mycotic infections of the bilateral feet, as there was no evidence to support a nexus between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, eye disorder, bilateral hammertoes, and muscle and joint disorders to ensure compliance with prior remand orders.
- Denied
The Board denied service connection for various disabilities, including a bilateral foot disability, bilateral wrist disability, left shoulder disability, depression, recurring umbilical hernia, hemorrhoids, bilateral hammertoes, left knee disability, right knee disability, congestive heart failure, and diabetes mellitus type 2.
- Dismissed
The appeal for service connection for bilateral plantar fasciitis, bilateral foot metatarsalgia, bilateral hammertoes, and bilateral foot arthritis was dismissed due to the Veteran's death.
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