The appeal for clear and unmistakable error (CUE) in the December 1954 rating decision was denied, as were claims for an earlier effective date, service connection for residuals of cervical spine injury, and service connection for bilateral hallux valgus. Service connection for bilateral hammertoes was granted.
The deciding factor: The outcome would not have been different if the correct facts had been known or if the applicable provisions had been correctly applied in the December 1954 rating decision; however, the Veteran's bilateral hammertoes were found to be attributable to service.
- Claimed conditions
- scalenus anticus syndrome, residuals of cervical spine injury, bilateral hammertoes, bilateral hallux valgus to include degenerative changes of first metatarsophalangeal joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000866
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hammertoes and chronic mycotic infections of the bilateral feet, as there was no evidence to support a nexus between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, eye disorder, bilateral hammertoes, and muscle and joint disorders to ensure compliance with prior remand orders.
- Denied
The Board denied service connection for various disabilities, including a bilateral foot disability, bilateral wrist disability, left shoulder disability, depression, recurring umbilical hernia, hemorrhoids, bilateral hammertoes, left knee disability, right knee disability, congestive heart failure, and diabetes mellitus type 2.
- Dismissed
The appeal for service connection for bilateral plantar fasciitis, bilateral foot metatarsalgia, bilateral hammertoes, and bilateral foot arthritis was dismissed due to the Veteran's death.
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