The Board denied the Veteran's claim for service connection for pes planus, finding that there was no clear and unmistakable evidence of a permanent increase in severity of his preexisting condition during active duty service. The Board also found that the Veteran did not meet the criteria for TDIU prior to April 26, 2016.,The Veteran's claim for TDIU prior to April 26, 2016 was denied as he did not have a combined rating of at least 70% with one disability rated at 40% or more.
The deciding factor: The Board determined that the Veteran failed to meet his burden of proving that his pes planus worsened during service, and thus could not establish service connection. The TDIU claim was denied as the Veteran's combined rating did not meet the required threshold for a TDIU based on disability ratings alone.
- Claimed conditions
- pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2019
- Citation
- 19148132
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 denied increased ratings for the Veteran's back, right ring finger, and left foot hallux valgus disabilities but granted an initial 30 percent rating for pes planus from August 17, 2021, a 50 percent rating for pes planus from December 15, 2023, and a separate 10 percent rating for bilateral plantar fasciitis from August 17, 2021.
- Remanded (sent back)
The Board remands the claim for a left foot disability to correct a pre-decisional duty to assist error, specifically regarding an inadequate October 2024 VA examination.
- Denied
The Board denied service connection for pes planus, bilateral degenerative changes of the feet, bilateral hammertoe deformity, bilateral foot ulcers, and onychomycosis as there was no evidence to support an increase in severity during active service.
- Dismissed
The appeal for service connection and increased ratings was dismissed due to untimely filing of the notice of disagreement.
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