The Veteran's service-connected bilateral pes planus with bunionectomy, left ankle degenerative arthritis, and right ankle arthrodesis and osteoarthritis do not meet the criteria for a TDIU due to his ability to maintain employment.,The Veteran’s bilateral pes planus with bunionectomy disability is currently rated at 50% disabling. The AOJ should refer the issue of an extraschedular rating to VA's Director of Compensation Service for consideration.
The deciding factor: The Veteran has maintained substantial gainful employment throughout his appeal period despite his service-connected disabilities, including multiple surgeries and extended recovery periods.
- Claimed conditions
- bilateral pes planus with bunionectomy, left ankle degenerative arthritis, right ankle arthrodesis and osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184394
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 19184394.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for a rating in excess of 10 percent for left ankle degenerative arthritis has been dismissed.,Service connection for the right shoulder condition is granted, and new evidence supports readjudicating the claim for residuals of CAPSO.
- Granted
The Veteran's service-connected disabilities, including PTSD, TBI, and vertigo, have rendered him unable to secure or follow a substantially gainful occupation.
- Remanded (sent back)
The Board has decided to remand the claims for left ankle degenerative arthritis, left foot degenerative arthritis, and left foot post-surgical scar due to an error in failing to provide notice of the right to a hearing on a supplemental claim.
- Denied
The Board denied the Veteran's claim for service connection of a left ankle condition, finding that there was no evidence to support a nexus between his current disability and his military service.
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