The Veteran's service-connected conditions do not result in loss of use of one or both feet, and the Board finds that he does not meet the criteria for special monthly compensation based on loss of use of the feet.
The deciding factor: The medical evidence shows that the Veteran retains some function of his bilateral lower extremities, including the ability to ambulate, which is inconsistent with 'loss of use' as defined by VA regulations.
- Claimed conditions
- Bilateral pes planus, Right foot peripheral neuropathy, Right knee injury with traumatic arthritis, Repair of left achilles tendon, Left knee degenerative joint disease, Right achilles tendon rupture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2019
- Citation
- 19186310
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.
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The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Veteran's service connection claim for an acquired psychiatric disorder, to include alcohol use disorder, unspecified depressive disorder with anxious distress, and PTSD was granted. Other claims for various conditions were denied.
- Remanded (sent back)
The Board remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment prior to April 28, 2016.
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