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Denied

The Veteran's bilateral foot condition, prior to August 24, 2015, is rated at 20 percent and denied an increased rating.,From August 24, 2015, the Veteran's disability is rated at 50 percent and denied an increased rating.,The Veteran's residuals of fracture of left fibula are granted a compensable rating.,The Veteran's DDD of the lumbar spine is not entitled to an initial rating in excess of 20 percent from January 12, 2009 until August 22, 2016.,From August 22, 2016, the Veteran's disability is rated at 40 percent and denied a higher rating.,The Veteran's DDD of the lumbar spine is not entitled to a rating in excess of 40 percent from October 3, 2019.

The deciding factor: There is no evidence of severe foot injuries or other severe symptoms that would meet the criteria for a higher disability rating under the relevant diagnostic codes.,The Veteran's disability is already rated at the maximum schedular rating and there are no other applicable diagnostic codes allowing for a more beneficial outcome.,The Veteran's residuals of fracture of left fibula are granted a compensable rating based on chronic pain and functional limitation.,There is no evidence of limitation of range of motion resulting in lumbar spine forward flexion to 30 degrees or less, ankylosis of the spine, or IVDS.,From August 22, 2016, the severity of the Veteran’s lumbar spine disability most closely approximated forward flexion to 30 degrees or less, taking into account pain; however, there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine or required physician-prescribed bedrest for least six weeks in the past twelve months.,The Veteran's DDD of the lumbar spine is not entitled to a rating in excess of 40 percent from October 3, 2019 due to lack of evidence of unfavorable ankylosis of the entire thoracolumbar spine or required physician-prescribed bedrest for least six weeks in the past twelve months.

Claimed conditions
bilateral heel spurs, arthritis, plantar fasciitis, pes planus, bursitis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
July 20, 2020
Citation
20048185

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 20048185.

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