The Veteran's claim for service connection for bilateral feet disability was granted in a March 16, 2021 rating decision with an effective date of that day. However, the Board found that the Veteran did not file a timely substantive appeal and thus denied his request for an earlier effective date.
The deciding factor: The Veteran submitted a VA Form 9 after learning about the issuance of the Statement of the Case (SOC) but missed the 60-day filing deadline due to being homeless at the time, which was not addressed by VA in their correspondence.
- Claimed conditions
- bilateral flat feet, plantar fasciitis, sinus tarsi syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 21, 2024
- Citation
- A24048924
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 A24048924.
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.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, resulting in the grant of special monthly compensation based on the need for regular aid and attendance. The issue of entitlement to special monthly compensation at the housebound rate is moot.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to assist errors by not assisting the Veteran to identify and obtain relevant treatment records regarding his bilateral flat feet and for relying on an inadequate addendum opinion. The case is therefore REMANDED for these actions.
- Dismissed
The Veteran's appeal of an earlier effective date for service connection for bilateral pes planus and plantar fasciitis has been dismissed as the Veteran withdrew his appeal prior to a decision being made.
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