The Board has dismissed the issues of entitlement to higher ratings on an extraschedular basis for right and left foot hallux valgus with degenerative arthritis, heel spurs and plantar fasciitis, as well as right and left foot scarring status post bunionectomy. This dismissal is due to the Veteran's grant of a total disability rating based on service-connected disabilities (TDIU) for the entire appeal period.
The deciding factor: The Veteran has been granted a TDIU for the entire appeal period, which renders the issues of extraschedular ratings moot as her overall disability picture establishes something less than total unemployability but still inadequately represented by the applicable rating criteria.
- Claimed conditions
- right foot hallux valgus with degenerative arthritis, heel spurs and plantar fasciitis, left foot hallux valgus with degenerative arthritis and plantar fasciitis, right foot scarring status post bunionectomy, left foot scarring status post bunionectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2023
- Citation
- 23043836
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 23043836.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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- Denied
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- Granted
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