The Veteran's bilateral pes planus with weak foot disability is not entitled to a rating in excess of 30 percent prior to June 21, 2019 and thereafter in excess of 50 percent.,The Veteran's right lower extremity tarsal tunnel syndrome and left lower extremity tarsal tunnel syndrome are each not entitled to an initial rating in excess of 10 percent.
The deciding factor: The evidence does not support the assignment of a higher rating for bilateral pes planus with weak foot disability prior to June 21, 2019 as there is no objective finding of pronounced acquired flatfoot symptomatology.,There is no additional symptomatology that is not already contemplated by Diagnostic Codes 5276 and 8525. Therefore, separate ratings under Diagnostic Code 5277 are not applicable.
- Claimed conditions
- bilateral pes planus with weak foot disability, right lower extremity tarsal tunnel syndrome, left lower extremity tarsal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073435
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.
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The veteran's appeal for service connection for both left and right lower extremity tarsal tunnel syndrome was dismissed because the veteran withdrew the appeal.
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- Remanded (sent back)
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