The Veteran's appeal for a disability evaluation in excess of 30 percent for service connected left foot plantar fasciitis with heel strain was dismissed. The appeal for TDIU was granted, and the appeals for increased evaluations for lumbar spine disability and right shoulder tendonitis were remanded.
The deciding factor: The Veteran's representative and Veteran withdrew the claim for a disability evaluation in excess of 30 percent for service connected left foot plantar fasciitis with heel strain. The Board found that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities, thus granting TDIU from July 27, 2016. The appeals for increased evaluations were remanded as new evidence was needed.
- Claimed conditions
- left foot plantar fasciitis with heel strain, L4-5 disk bulge with L4-L5 and L5-S1 hypertrophic degenerative osteophytes (lumbar spine disability), right shoulder tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2022
- Citation
- 22033366
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 22033366.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's claims for earlier effective dates for his service-connected left shoulder tendonitis, right shoulder tendonitis, left knee tendonitis, and right elbow tendinitis (impairment of supination and pronation) have been denied.,The Veteran's claim for an earlier effective date for his service-connected right elbow tendinitis (limitation of flexion) has also been denied.
- Partly granted
The Veteran's claims for service connection for bilateral hearing loss and right shoulder tendonitis were denied. The effective date of service connection for the right shoulder tendonitis was granted on May 1, 2023, but no earlier. The Veteran's claims for increased evaluations for his right shoulder disability, major depressive disorder, and right ankle sprain are being remanded.
- Granted
The Veteran's service-connected disabilities, including right shoulder tendonitis, cervical strain, chondromalacia patella right knee, lumbar degenerative disc disease with strain, episodes of locking left knee, left knee degenerative joint disease with patellofemoral pain syndrome and chondromalacia patella status-post surgery, and limitation of extension left knee, have rendered the Veteran unable to secure or follow substantially gainful employment since May 15, 2019.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's right shoulder disorder, including whether it is related to service or secondary to his service-connected PTSD.
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