The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.
The deciding factor: The Veteran's back disability meets the criteria for a 40 percent rating since December 13, 2011. The right lower extremity neuropathy has been rated at 20 percent since September 24, 2020. Service connection was denied as there is no evidence of bilateral pes planus within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service.
- Claimed conditions
- back disability, right lower extremity neuropathy, bilateral pes planus, chronic sinusitis, right ear hearing loss, left hip disability, right hip disability, left knee disability, right knee disability, left ankle disability, right ankle disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 27, 2022
- Citation
- 22071609
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 22071609.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
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