The Veteran's claim for earlier effective dates and compensable disability ratings for hammertoes of the right and left feet has been denied. The Board found that the criteria for an earlier effective date prior to April 14, 1992, were not met due to lack of evidence showing a belief in entitlement to service connection within one year of separation from service. For the right foot, the Veteran's hammertoe condition was attributed to his service based on lay statements and VA examination findings. The left foot hammertoes are not considered as there is no evidence of all 5 toes being affected.
The deciding factor: The effective date for service connection cannot be earlier than April 14, 1992 due to lack of a claim within one year of separation from service. For the right foot, the Board found that the Veteran's lay statements and VA examination findings supported his belief in an in-service onset of hammertoes. The left foot hammertoes are not considered as there is no evidence of all 5 toes being affected.
- Claimed conditions
- Hammertoes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 24, 2023
- Citation
- 23047136
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. Read the original VA decision (opens in a new tab) using citation 23047136.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's bilateral foot disability, which includes acquired pes cavus with degenerative arthritis, hallux valgus, and hammertoes, has been rated at the maximum schedular rating of 50 percent. The evidence does not show actual loss of use of the feet.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient service treatment records and a need for further examination by a podiatrist. The Veteran's claim of service connection for bilateral foot disability, including plantar warts, is being reviewed on the merits.
- Whole decision: Denied
The Veteran's SMC claim for aid and attendance or housebound status was denied as his service-connected conditions do not meet the criteria for such benefits.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral foot disability, including pes planus and related conditions. Additional development is needed.
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