The Board found that the reduction of the rating for the Veteran's right foot hammer toes from 10% to 0% was proper due to a clear and unmistakable error in assigning a separate compensable rating for painful motion under Code 5282, which violated the prohibition against pyramiding. The Veteran does not have hammer toes affecting all of her toes.
The deciding factor: The reduction was based on a clear and unmistakable error in assigning a separate compensable rating for painful motion under Code 5282 due to overlapping symptomatology with other service-connected conditions.
- Claimed conditions
- Right foot hammer toes, Degenerative arthritis (right foot), Hallux valgus (right foot)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 2, 2024
- Citation
- A24062796
Veterans Law Judge
Decisions by this judge: 275 · Granted: 33% (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 A24062796.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for right foot hammer toe as secondary to the Veteran's already service-connected post-operative bunionectomy/osteotomy of the right great toe with internal fixation. The claim for a compensable rating for left foot hammer toes was denied.
- Partly granted
The Board granted an initial 10 percent disability rating for left and right foot hammer toes, denied a higher rating for PTSD, and denied a compensable rating for the left foot scar. The penile condition was remanded.
- Denied
The Board denied the Veteran's claims for increased ratings for left and right foot hammer toes and left and right lower extremity radiculopathy, finding that a compensable rating was not warranted.
- Partly granted
The Board granted service connection for a lumbar spine disability and denied an initial compensable rating for right foot hammer toes, while remanding the claim for service connection for hepatitis.
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