The Veteran's claim for a higher rating for his right foot fracture was denied. The Board found that the current 10 percent rating adequately reflects his symptoms and limitations. For the second issue, the Board determined that new evidence submitted did not raise a reasonable possibility of substantiating the chronic bronchitis with obstructive lung disease claim.
The deciding factor: The Veteran's right foot disability is currently rated as 10 percent disabling under Diagnostic Code 5284 for moderate foot injuries. The new evidence does not relate to an unestablished fact necessary to reopen his claim of service connection for chronic bronchitis with obstructive lung disease.
- Claimed conditions
- residuals of a fracture of the fifth metatarsal of the right foot, chronic bronchitis with obstructive lung disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2009
- Citation
- 0942983
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 0942983.
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.
- Remanded (sent back)
The Veteran's service-connected right foot disability, including plantar fasciitis, is being remanded for a new VA examination to determine the current severity of her condition.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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