The Veteran's disability rating for pes planus, bilateral, with osteoarthritis of the left first MTP and fifth interphalangeal joints was reduced from 50% to 10%, but this reduction is not proper. The Court has restored a 50% disability rating effective April 10, 2017.
The deciding factor: The Veteran's bilateral foot condition did not meet the criteria for a higher rating due to functional impairment and loss of use of the feet.
- Claimed conditions
- Pes planus (flatfoot), Osteoarthritis of the left first MTP and fifth interphalangeal joints, Metatarsalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 10, 2019
- Citation
- 19102588
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.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Partly granted
The Board granted service connection for pes planus, hallux valgus, metatarsalgia, and foot arthritis as secondary to the Veteran's service-connected bilateral foot callosities. The Board also granted increased ratings of 30 percent for the callosities on both feet.
- Partly granted
The Board granted a separate 10 percent disability evaluation for bilateral plantar fasciitis and remanded the claim for service connection for an acquired psychiatric disorder, to include PTSD and depression.
- Dismissed
The appeal for an increased rating in excess of 70 percent for PTSD and service connection for metatarsalgia (foot pain) (Morton's disease) (plantar fasciitis (also claimed as foot problems) was dismissed. The remaining claims were remanded for further development.
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