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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1747361.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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