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
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.
- Remanded (sent back)
The Board remands the claims for service connection for a bilateral foot disability and hammertoes of the left foot for new medical opinions as the previous ones are deemed inadequate.
- Denied
The Board denied the veteran's claims for initial compensable ratings for tinea pedis, hammertoes, hallux valgus, and pes planus, as well as the propriety of a noncompensable rating for surgical scars from hammertoe repair.
- Partly granted
The Veteran's service-connected left heel disability was not found to warrant a rating in excess of 20 percent, but the hammertoes and degenerative changes of the left toes were determined to be aggravated by the service-connected left heel condition.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.