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
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.
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.
- Partly granted
The Board granted service connection for cervical, thoracic, and lumbar spine disabilities, bilateral pes planus and plantar fasciitis, tinnitus, chronic sinusitis, allergic rhinitis, digestive disabilities including irritable bowel syndrome with abdominal pain and nausea, pelvic organ disabilities, iron deficiency anemia, and genital herpes. Service connection was denied for acne, tendonitis, fibromyalgia, painful joints, left shin splints, right shin splints, left ankle condition, right ankle condition, left carpal tunnel syndrome, right carpal tunnel syndrome, respiratory infection, GERD, PTSD, anxiety condition, manic-depressive reaction, and psychiatric disorder other than unspecified depressive disorder with symptoms of suicidal ideation. An initial 50% rating was granted for the service-connected unspecified depressive disorder.
- Granted
The Board granted an earlier effective date of December 21, 2022, for the assignment of a 50 percent disability rating for service-connected bilateral pes planus and plantar fasciitis.
- Granted
The Board granted service connection for tinnitus, bilateral pes planus and plantar fasciitis, tension headaches, right ankle lateral collateral ligament sprain, and degenerative disc disease of the lumbar spine.
- Partly granted
The Board granted an effective date of February 26, 2021, for the award of service connection for bilateral shin splints but denied earlier effective dates for the other conditions.
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