The Veteran's appeal for a higher rating for his right foot disability and TDIU prior to June 30, 2008 was denied. The Board found that the Veteran's symptoms were fully encompassed by the current 40 percent rating under DC 5167.
The deciding factor: The Veteran's loss of use of the right foot was evaluated as a result of multiple service-connected conditions and did not meet the criteria for an increased rating or TDIU prior to June 30, 2008.
- Claimed conditions
- Loss of use of the right foot, Heel pad loss in the right foot, Fixation of the right calcus (heel), Pes planus (flat feet), Hallux valgus (bunions)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2017
- Citation
- 1747361
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 1747361.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for special monthly compensation due to loss of use of the hands and feet, as the AOJ failed to consider these issues in the Veteran's increased rating claims.
- Denied
The Board denied the veteran's claims for increased ratings and TDIU, finding that the evidence did not support a higher rating for his service-connected traumatic brain injury (TBI) with vertigo or pes planus, nor did it establish unemployability due to his service-connected conditions.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment prior to November 3, 2022. Effective from that date, he is granted special monthly compensation based on need for regular aid and attendance.
- Denied
The Board denied the Veteran's claims for service connection for pes planus of both feet, finding that there was no evidence to support a finding of aggravation beyond natural progression during active service.
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