The Board granted service connection for a right foot disability, characterized as degenerative arthritis of the right foot and deformity and partial resection of the middle phalanx of the right 5th toe, resolving reasonable doubt in favor of the Veteran.
The deciding factor: The evidence supports that the Veteran's current right foot disabilities are related to his active service based on credible reports and multiple positive nexus statements from private treatment providers.
- Claimed conditions
- degenerative arthritis of the right foot, deformity and partial resection of the middle phalanx of the right 5th toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061820
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 withdrew the appeal in January 2025, stating that his feet are much better since he had surgeries and do not want to continue the claim.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased evaluations for his right foot disabilities due to a lack of recent VA examination and outstanding private medical records.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA foot conditions examination. The examiner is to provide opinions regarding whether the Veteran's foot condition had its onset in or is otherwise related to service, and whether pes planus increased in severity during service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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