The Board has determined that there was clear and unmistakable error in the October 12, 1989 rating decision which denied service connection for bilateral pes planus. As a result, the effective date of May 6, 1989 is granted.
The deciding factor: The evidence at the time of the October 1989 rating decision could not meet the clear and unmistakable evidence standard to show that the Veteran's preexisting foot disorder was not aggravated by service. Had the correct legal test been applied (clear and unmistakable evidence that the Veteran's preexisting foot disorder was not aggravated by service), the RO would have concluded that the presumption of soundness had not been rebutted.
- Claimed conditions
- Bilateral Pes Planus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 3, 2017
- Citation
- 1710528
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 1710528.
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.
- Dismissed
The Veteran's appeals for an initial compensable rating for athletes' foot and a greater than 30 percent rating for bilateral pes planus have been dismissed due to untimely VA Form 10182 submissions.,The Veteran's claim of service connection for chronic fatigue syndrome has been remanded.
- Granted
The Veteran's service connection for traumatic brain injury is granted, and he is awarded a higher level of SMC based on the need for aid and attendance due to his service-connected PTSD and additional disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical evidence in the file on which to decide these claims. The appellant's VA treatment records contain diagnoses of GAD and OSA, and he reported symptoms related to his disabilities during service. A new examination and opinion are required to determine if the acquired psychiatric disorder is associated with service, as well as for OSA and bilateral pes planus and plantar fasciitis.
- Granted
The Board has granted a higher initial rating of 100 percent for PTSD effective April 3, 2024, and assigned an earlier effective date of August 29, 2024, for allergic rhinitis. The Veteran's claim for DEA benefits and a higher initial rating for bilateral pes planus is denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.