The Board incorrectly applied the law regarding the presumption of soundness for right pes planus, leading to a denial. The motion is granted on this issue and denied on left pes planus.
The deciding factor: The Board used the incorrect statute (38 U.S.C. § 332) instead of the correct one (38 U.S.C. § 311) for determining whether right pes planus was a preexisting condition, leading to an error in decision-making.
- Claimed conditions
- right pes planus, left pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2015
- Citation
- 1529934
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 1529934.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored a 50% rating for the Veteran's left foot disability, finding that the reduction to a 20% rating was improper due to lack of sustained improvement in the condition.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's right pes planus was aggravated by military service. The claim will be reconsidered with a new medical examination.
- Partly granted
The Board granted service connection for headaches and left pes planus, but denied service connection for cervical disc herniation at C5-C6 level with posterior disc protrusion and Bell's palsy.
- Granted
The Board granted an effective date of October 1, 2022 for the award of service connection for right pes planus and right foot scars.
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