The Veteran's initial evaluations for hallux valgus of the right and left feet were denied as they are already at their maximum schedular rating.
The deciding factor: The Veteran's service-connected bilateral hallux valgus disabilities have been rated at the maximum schedular rating under Diagnostic Code 5280, which is not subject to increase without additional evidence of disability severity.
- Claimed conditions
- Hallux Valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 25, 2019
- Citation
- 19181212
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.
- Granted
The Veteran's bilateral hallux valgus disabilities are granted at a 30 percent rating from July 17, 2008 to January 5, 2014 and at a 50 percent rating from January 6, 2014. The Board also clarified that symptoms related to sesamoiditis can be separated from the service-connected hallux valgus.
- Granted
The Veteran's PTSD, along with other service-connected conditions, has resulted in occupational and social impairment with deficiencies in most areas. Effective September 1, 2017, the Veteran is granted a 70% rating for PTSD and TDIU.
- Denied
The Veteran's right foot peroneal tendinitis/hallux valgus has been rated at 10 percent since October 4, 2017. The Board denied a higher rating as the disability does not meet criteria for a more severe rating.
- Denied
The Board has determined that the Veteran's bilateral foot conditions, including pes planus, hallux valgus, plantar fasciitis, and onychomycosis, are not related to service. The preponderance of evidence does not support a finding that these conditions began during active duty or are otherwise linked to an in-service injury.
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