The Board has determined that the reduction of the Veteran's service-connected bilateral congenital pes planus rating from 30 percent to 10 percent was proper due to a finding of clear and unmistakable error (CUE) in assigning his prior 30 percent rating. The claim for restoration of the 30 percent rating is denied.
The deciding factor: The reduction was based on a finding of CUE in the January 2018 rating decision, which incorrectly applied the criteria for a 30 percent disability rating due to lack of objective evidence supporting such a high level of disability.
- Claimed conditions
- bilateral congenital pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 29, 2022
- Citation
- 22037421
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 22037421.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a bilateral foot condition, including congenital pes planus, plantar fasciitis, hallux valgus, and arthritis, as the evidence did not support that these conditions were caused by or aggravated during active military service.
- Denied
The Veteran's service connection claims for bilateral congenital pes planus, an acquired psychiatric disorder (depression and PTSD), and gout, bilateral feet have all been denied. The Board found that the Veteran's bilateral pes planus is a congenital disease not aggravated by service, his acquired psychiatric disorder does not meet the criteria for service connection as it did not begin during service or be related to an in-service injury, event, or disease, and his gout was not shown to have begun during service.,Service connection on secondary basis has also been denied due to lack of a service-connected condition.
- Remanded (sent back)
The claims of service connection for gout, bilateral congenital pes planus, posttraumatic stress disorder, and depression are being remanded due to the need for additional medical opinions regarding the nature and etiology of these conditions.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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