The Veteran's appeal for an increased rating for residuals of a spontaneous right pneumothorax with asthma was denied.,The Veteran's appeals for service connection for bilateral pes planus and little toe disability were granted. Service connection for bronchitis was denied.
The deciding factor: There is no current diagnosis of chronic bronchitis, as the post-service medical evidence does not show a current disease or disability.
- Claimed conditions
- residuals of spontaneous right pneumothorax with asthma, right knee medial meniscal tear and partial ACL tear, disability of little toe of the right foot, bilateral pes planus, bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2010
- Citation
- 1040246
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. Read the original VA decision (opens in a new tab) using citation 1040246.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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