The Veteran's left foot disability due to hammertoes is granted an increased rating of 40 percent from July 23, 2007 to May 16, 2017. SMC for loss of use of the left foot is granted since July 23, 2007. TDIU is granted effective July 23, 2007.
The deciding factor: The Veteran's symptoms and functional limitations met the criteria for a schedular rating of 40 percent for his service-connected left foot disability due to hammertoes, which constitutes loss of use of the foot as defined by VA regulations. The Board found that the Veteran was unable to secure or follow a substantially gainful occupation due to his bilateral foot disabilities.
- Claimed conditions
- left foot disability due to hammertoes, right foot disability due to hammertoes, hammertoes of the left foot, hammertoes of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2020
- Citation
- 20081300
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 20081300.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal of the May 2024 rating decision regarding service connection for hammertoes of the bilateral feet and varicose veins of the bilateral lower extremities has been dismissed due to a procedural defect in concurrent election.
- Dismissed
The Board has dismissed the appeals regarding service connection for various foot and knee conditions due to the Veteran's death during the appeal process.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for further development regarding his right foot disability, specifically addressing whether he has metatarsalgia and hammertoes of the right foot that are related to his service-connected heloma durum. The case will be readjudicated based on this additional information.
- Remanded (sent back)
The Board has remanded two issues: service connection for a bilateral foot disability and service connection for hammertoes of the left foot. The Veteran's claims are being returned to VA for further development.
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