The Veteran's bilateral pes planus is rated at the maximum allowable under the applicable schedular criteria. The initial increased rating for cervical spine disability was granted, but an initial rating in excess of 20 percent is denied. The Veteran's right upper extremity radiculopathy and migraines are not shown to warrant higher ratings.
The deciding factor: The Veteran's bilateral pes planus has been assigned the maximum schedular rating available under DC 5276, which pertains to flatfoot. For his cervical spine disability, an initial increased rating of 20 percent was granted effective February 19, 2022, but a higher rating is not warranted as the evidence does not show forward flexion of the cervical spine to 15 degrees or less, or favorable or unfavorable ankylosis.
- Claimed conditions
- Bilateral Pes Planus, Cervical Spine Disability, Right Upper Extremity Radiculopathy, Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 5, 2024
- Citation
- A24072114
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 A24072114.
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 initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Veteran's claim for a compensable disability rating for tension and migraine headaches is remanded due to the inadequacy of the September 2020 VA examination report, which did not consider the ameliorative effects of medication.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
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