The Board denied the Veteran's claims for earlier effective dates for his service-connected right great toe and bilateral foot disabilities, finding that it was not factually ascertainable that he met the schedular criteria for increased ratings prior to May 29, 2015.
The deciding factor: The evidence did not show that the Veteran satisfied the schedular criteria for a 20% rating for his right great toe disability or a 50% rating for his bilateral foot disability prior to May 29, 2015.
- Claimed conditions
- right great toe traumatic arthritis (status post fracture), bilateral pes planus and plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193668
Veterans Law Judge
Decisions by this judge: 145 · Granted: 26% (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 19193668.
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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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