The Board has denied the claim of clear and unmistakable error in the April 1978 rating decision that denied service connection for a left flat foot disability. The Veteran argued that the RO improperly applied the presumption of aggravation contained in 38 C.F.R. § 3.306, but the Board found no error as the pre-existing condition did not increase in severity during active duty.
The deciding factor: The April 1978 rating decision correctly applied the provisions of 38 C.F.R. § 3.306 and found that the Veteran's left flat foot disability was not aggravated by service.
- Claimed conditions
- left flat foot
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- A19001746
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.
- Partly granted
The Board granted service connection for left and right shoulder osteoarthritis, headaches as secondary to PTSD, but denied aggravation of pre-existing left flat foot. The appeals for right knee and left knee conditions were dismissed.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for tendinitis, left and right knee disorders, and left and right flat foot due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the TDIU claim due to the need for additional development, including a VA examination and consideration of new evidence.
- Granted
The Board has granted service connection for left flat foot as secondary to the Veteran's service-connected stress fractures, bilateral feet and hallux valgus. The decision is based on evidence showing that the left flat foot condition was caused by these service-connected disabilities.
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