A 40 percent rating for degenerative disc disease of the lumbar spine is granted, and service connection for bilateral pes planus is granted. The issues regarding right foot disability other than pes planus and left foot disability other than pes planus are remanded.
The deciding factor: The Veteran's low back disability was found to have forward flexion limited to 50 degrees with pain, which approximated the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. Service connection for bilateral pes planus is granted based on competent evidence showing current diagnosis and in-service complaints of foot pain.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2021
- Citation
- 21004232
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 21004232.
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 has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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