The Board has determined that the reduction of the rating for pes planus from 30 percent to noncompensable was proper due to a finding of clear and unmistakable error (CUE) in the May 18, 2012 rating decision. The appropriate procedural steps were followed in implementing this reduction. However, the Veteran's claim for a compensable rating for pes planus since March 1, 2014 is remanded due to insufficient evidence of current disability severity.
The deciding factor: The Board found that there was CUE in the May 18, 2012 rating decision and that the proper procedures were followed. However, the Veteran's claim for a compensable rating remains pending as additional evidence is needed regarding the current nature and severity of his pes planus.
- Claimed conditions
- Pes Planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2019
- Citation
- 19136082
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation 19136082.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an increased rating for bilateral pes planus was denied as the evidence did not warrant a higher rating.
- Granted
The Veteran's pes planus is rated at 30 percent, the highest rating available for unilateral pes planus.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient evidence, including missing service treatment records and personnel records. The Veteran's periods of active duty for training (ADT) or inactive duty for training (IDT) need to be verified, and additional medical opinions are required based on these records.
- Denied
The Veteran's pes planus, left knee lateral meniscus tear, right knee chondromalacia, and left knee chondromalacia were all denied increased ratings. The Veteran was already in receipt of the maximum schedular rating for his left knee lateral meniscus tear.
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