The Veteran's initial claim for a higher rating for his lumbosacral strain and facet degenerative joint disease was denied, with the exception of a temporary grant of a 10 percent disability rating from April 11, 2016 to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.,The Veteran's lumbosacral strain and facet degenerative joint disease was denied for ratings in excess of the currently assigned 40 percent prior to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.
The deciding factor: The evidence did not show that the Veteran’s lumbosacral strain and facet degenerative joint disease met or approximated the criteria for a higher rating prior to April 11, 2016. The evidence also did not show that it met or approximated the criteria for a higher rating from April 11, 2016 to October 17, 2018.,The evidence did not show that the Veteran’s lumbosacral strain and facet degenerative joint disease met or approximated the criteria for a higher rating prior to October 17, 2018. The evidence also did not show that it met or approximated the criteria for a higher rating from April 11, 2016 to October 17, 2018.
- Claimed conditions
- bilateral pes planus and plantar fasciitis, lumbosacral strain and facet degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2019
- Citation
- 19160560
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (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 19160560.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claims for service connection for bilateral lower extremity peripheral neuropathy, bilateral pes planus and plantar fasciitis, left ankle disability (secondary to service-connected musculoskeletal disabilities), bilateral hip disability (secondary to service-connected musculoskeletal disabilities), heart disability, erectile dysfunction, sleep apnea, and acquired psychiatric disorder have been dismissed.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his back and associated radiculopathy disabilities, which require assistance with activities such as bathing, dressing, transferring, housekeeping, and meal preparation.
- Granted
The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability due to individual unemployability (TDIU).
- Remanded (sent back)
The Board remands the issues of an evaluation higher than 30 percent for bilateral pes planus and plantar fasciitis, as well as service connection for a lumbosacral strain and intervertebral disc syndrome (IVDS), to correct the AOJ's error in providing notice of the Veteran's right to a pre-decisional hearing.
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