The Board granted a 10 percent disability rating for the service-connected residuals of right foot 5th hammertoe surgery and left foot 5th hammertoe surgery, as well as for the residual scars on each toe.
The deciding factor: The Veteran's conditions were found to meet the criteria for a 10 percent rating based on moderate functional impairment and painful motion, even though they did not fully meet the criteria for higher ratings under applicable diagnostic codes.
- Claimed conditions
- Residuals of hammertoe surgery with degenerative joint disease, right foot, Residuals of hammertoe surgery with degenerative joint disease, left foot, Residual scars of right 5th toe, Residual scars of left 5th toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 3, 2024
- Citation
- A24063196
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.
- Dismissed
The Board denied the veteran's appeals for service connection due to untimely filings.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss, chronic kidney disease, cell bladder carcinoma, hypertension, and various musculoskeletal issues, as the evidence did not support a finding that any of these conditions were incurred or aggravated during active duty for training.
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