The Board denied the Veteran's claim for a higher disability rating for his bilateral foot disability, finding that the evidence did not meet the criteria for a 50 percent rating under DC 5278 due to lack of all toes hammer toes.
The deciding factor: The Veteran only has eight hammer toes, which is less than the requirement of 'all toes hammer toes' needed for a 50% rating under DC 5278.
- Claimed conditions
- deteriorated digital deformities of metatarsals, bilateral feet (bilateral foot disability), hammer toes, acquired pes cavus (claw foot)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 9, 2024
- Citation
- 24001304
Veterans Law Judge
Decisions by this judge: 785 · Granted: 34% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001304.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that there was a pre-decisional duty to assist error and requires additional development, including an addendum VA opinion regarding the Veteran's bilateral foot disability.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding the preexistence and aggravation of foot disabilities during service.
- Remanded (sent back)
The Board has remanded the case due to a pre-decisional error in not obtaining an addendum or supplemental medical opinion regarding the nature and etiology of the Veteran's bilateral foot disability, specifically his pes planus, plantar fasciitis, and hammer toes.
- Denied
The Board denied the Veteran's claim for service connection for flat feet, hammer toes, plantar fasciitis, arthritis, and hallux valgus, finding that there was no evidence of a pre-existing condition aggravated by military service. The Board also found that the current disabilities were not related to service.
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