The Veteran's claim for a rating in excess of 50 percent for bilateral pes planus was denied as the maximum schedular rating has been assigned. The claim for TDIU was also denied due to the presence of other service-connected disabilities and the Veteran’s ability to perform marginal employment.
The deciding factor: The Veteran's bilateral pes planus is rated at the highest possible level (50%) under the applicable diagnostic code, making an increased rating inapplicable. The Board found that the Veteran was not unemployable due to his other service-connected disabilities and his ability to work part-time as a designer of irrigation systems.
- Claimed conditions
- Pes planus (bilateral), Total deafness, left ear, Tinnitus (constant), Degenerative arthritis of the thoracolumbar spine associated with pes planus, Degenerative arthritis of the left hip causing limitation of rotation associated with pes planus, Degenerative arthritis of the right hip causing limitation of rotation associated with pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 28, 2020
- Citation
- 20081230
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
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