The Veteran's appeal was found to be timely filed, and his claim for an increased rating in excess of 10 percent for DJD, bilateral great toes as secondary to the service-connected disability of bilateral pes planus is granted.
The deciding factor: Equitable tolling applied due to extraordinary circumstances beyond the Veteran's control resulting in a late filing of his Substantive Appeal.
- Claimed conditions
- bilateral pes planus, DJD of both great toes, chondromalacia patella and patellar tendonitis, right knee, chondromalacia patella and patellar tendonitis, left knee with arthritic changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 28, 2015
- Citation
- 1522530
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. Search VA.gov for the original decision (opens in a new tab) using citation 1522530.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
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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