The Board denied the Veteran's claims for initial compensable ratings for hammer toes of both feet, finding that the evidence did not show that the condition affected all toes unilaterally.
The deciding factor: The evidence showed worsening of the Veteran’s bilateral hammer toe beginning May 2016 but did not show that it affected all toes unilaterally, which is required for a compensable rating under DC 5282.
- Claimed conditions
- hammer toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107529
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.
- Denied
The Board denied service connection for pes planus with hallux valgus, metatarsalgia, and hammer toes as the evidence did not support a finding that these conditions were incurred or aggravated during active service.
- Partly granted
The Board granted a noncompensable rating for hammer toes, a 10 percent rating for right foot arthritis, and temporary total evaluations for surgery associated with the service-connected conditions. The higher initial disability rating for hallux valgus and hallux rigidus was denied.
- Partly granted
The Board granted an increased rating of 20 percent for bilateral plantar warts but denied a higher rating for PTSD. The claims for service connection for right maxillary neurofibroma, COPD, and hammer toes were reopened.
- Partly granted
The appeal for an increased rating was denied, but the effective date for TDIU was granted as January 2, 2016.
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