The Board has determined that there was clear and unmistakable error in the October 1990 rating decision denying service connection for bilateral pes planus with hallux valgus, status post surgeries. As a result, the Veteran is now entitled to service connection for her previously-claimed disability as of the date of her initial August 1989 claim. The Board also granted service connection for right and left foot disabilities other than pes planus with hallux valgus, status post surgeries, based on aggravation by service. Service connection for breast cancer was denied due to lack of exposure during the presumptive period.
The deciding factor: The October 1990 rating decision incorrectly determined that the Veteran's pre-existing bilateral foot disability was not aggravated by service over and above natural progress. The evidence at the time showed that her hallux valgus had progressed from mild and asymptomatic to symptomatic, and her pes planus had progressed from moderate and asymptomatic to severe and symptomatic during service.
- Claimed conditions
- bilateral pes planus with hallux valgus, status post surgeries, right foot disability other than pes planus with hallux valgus, status post surgeries, left foot disability other than pes planus with hallux valgus, status post surgeries, breast cancer
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2019
- Citation
- 19170493
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 19170493.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for breast cancer, as secondary to her fibrocystic breast disease. The decision is based on a duty to assist error and requires a new VA medical opinion regarding the etiology of the Veteran's breast cancer.
- Granted
The Veteran's breast cancer is granted service connection, with the Board finding that her condition is at least as likely as not related to exposure to contaminated water at Camp Lejeune during her military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for breast cancer and right knee disability due to a lack of VA examination and opinion addressing the etiology of these conditions in the context of her military service.
- Granted
The Veteran's service connection claim for bilateral tinnitus is granted. The claims for vertigo, breast cancer, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and right upper extremity peripheral neuropathy are remanded due to insufficient development of evidence regarding toxic exposure risk activities (TERA). The claim for coronary atherosclerotic disease is also remanded.
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