The Veteran's appeal regarding the assignment of separate disability ratings for arthritis of the right and left feet was dismissed due to a finding of clear and unmistakable error. The RO reduced the two separate 10 percent ratings to one single 10 percent rating for bilateral foot arthritis, effective from November 1, 2013.
The deciding factor: The RO found that the January 2012 decision contained CUE in assigning separate disability ratings for right and left feet arthritis, which was corrected by reducing them to a single 10 percent rating.
- Claimed conditions
- Arthritis of the right foot, Arthritis of the left foot, Major depressive disorder and PTSD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 20, 2016
- Citation
- 1602260
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 1602260.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for arthritis of the lumbar spine, right ankle, left ankle, and left foot on a presumptive basis due to continuous symptoms since service separation.
- Partly granted
The Board readjudicated the claims for service connection for bilateral hearing loss, a respiratory disability, and a skin disability based on new and relevant evidence. The claims for an acquired psychiatric disability, sleep impairment, hypertension, impaired vision, residual disability from vasectomy, and a compensable rating for scars were denied.
- Remanded (sent back)
The Veteran's appeal for a higher rating for migraines is being remanded due to insufficient evidence of very frequent completely prostrating and prolonged attacks.,The Veteran's appeal for a higher rating for major depressive disorder and PTSD is being remanded as the severity, frequency, and duration of his symptoms do not meet the criteria for a 70 percent disability rating.
- Granted
The Board has determined that the Veteran's right foot disability was incurred in service and granted service connection for this condition.
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