The Board denied an increased rating for the Veteran's bilateral foot disability, finding that a higher rating was not warranted based on the evidence of record.
The deciding factor: The criteria under DC 5278 require 'all toes hammer toes' to warrant a 50 percent rating, and the Veteran only has eight hammer toes, which is insufficient for this higher rating.
- Claimed conditions
- deteriorated digital deformities of metatarsals, bilateral feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 9, 2024
- Citation
- 24001304
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeal for service connection claims related to bilateral knees, bilateral feet, tinnitus, OSA, acquired psychiatric disability, and pilonidal cyst.
- Denied
The Board denied service connection for the veteran's bilateral feet and cold weather injury joint aches, finding no evidence that these conditions were related to military service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions due to an incomplete record and the need for additional development.
- Remanded (sent back)
The Board has decided that additional development is needed for the Veteran's claims of a rating in excess of 20 percent for gout, bilateral knees and feet, and TDIU. The claims are being remanded to obtain updated treatment records from Dr. T.N., conduct an appropriate VA examination, and forward the appropriate form (VA Form 21-8940) to the Veteran for completion.
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