The Board denied compensation under 38 U.S.C. § § 1151 for a left foot disability, but granted extraschedular ratings of 10 percent for hammer toes on both the left and right feet.
The deciding factor: The evidence did not establish that the Veteran incurred an additional disability or worsening of a pre-existing condition due to the May 2010 bunionectomy. The Board found that the symptoms of weakness, difficulty with balance, and altered gait were not contemplated by the rating criteria for hammertoes.
- Claimed conditions
- Left foot disability, Right foot hammer toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 2, 2019
- Citation
- 19160106
Veterans Law Judge
Decisions by this judge: 1,071 · Granted: 26% (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 19160106.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Dismissed
The appeal for a compensable rating for acne vulgaris is dismissed. Service connection for tinnitus is granted, but the left foot disability claim is remanded.
- Granted
The Board has granted service connection for right foot hammer toe as secondary to the Veteran's already service-connected post-operative bunionectomy/osteotomy of the right great toe with internal fixation. The claim for a compensable rating for left foot hammer toes was denied.
- Dismissed
The claim of entitlement to service connection for a right hand disability is dismissed.,The claim of entitlement to service connection for an acquired psychiatric disorder based on a June 2020 claim is denied.,The claims of entitlement to service connection for bilateral ankle and foot disabilities are remanded.
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