The Veteran's appeal for higher ratings for acquired pes cavus (clawfoot) and hammertoes is dismissed due to the death of the Veteran during the pendency of the appeal.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board has no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- acquired pes cavus (clawfoot), hammertoes
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2021
- Citation
- A21020143
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 A21020143.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's bilateral foot disability, including plantar fasciitis, hammertoes, and pes cavus, is being remanded due to a duty-to-assist error. The VA examination did not address the pre-existing pes cavus upon entry into service and did not provide an adequate rationale for the remaining foot disabilities.
- Granted
The Board has granted service connection for bilateral foot condition, including pes planus, hallux rigidus, plantar fasciitis, hammertoes, and arthritis. The Veteran's preexisting pes planus was aggravated by his military service.
- Partly granted
The Board granted service connection for bilateral foot hallux valgus, pes planus, hammertoes, and degenerative arthritis, with an effective date of February 19, 2019. The Board also granted an increased (40 percent) rating for residuals, rupture, right biceps tendon with elbow limitation of supination and extension.
- Partly granted
The Board granted a rating of 50 percent for bilateral pes planus and plantar fasciitis since April 22, 2021, but denied earlier effective dates and increased ratings prior to that date.
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