The Veteran's claims for effective dates prior to July 31, 2013, and increased ratings for bilateral pes planus and right ankle disability were denied. The Veteran was granted service connection for these conditions but the effective date of his service-connected status is set at July 31, 2013. His initial rating for bilateral pes planus remains at 50 percent, which is the highest schedular rating available under relevant diagnostic codes. For right ankle disability, a 20 percent rating was granted prior to September 28, 2015, and denied thereafter.

The deciding factor: The effective date of service connection for bilateral pes planus and right ankle disability was set at July 31, 2013, which is one year prior to the Veteran's claim filing. The highest schedular rating available under relevant diagnostic codes for bilateral pes planus is 50 percent, and a higher rating based on greater limitation of motion due to pain on use or during flare-ups was not warranted. For right ankle disability, an increased rating in excess of 20 percent was denied as there was no evidence of ankylosis.

Claimed conditions

{"condition_name":"Bilateral Pes Planus","additional_notes":""}, {"condition_name":"Right Ankle Disability","additional_notes":""}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

50%

Decision date

January 7, 2019

Citation

19101420