The Board has granted the Veteran's claim, finding that there was clear and unmistakable error in the May 1998 rating decision denying service connection for bilateral flat feet. The original decision overlooked the notation of asymptomatic pes planus at service entrance and misapplied the statutory or regulatory provisions extant at the time.
The deciding factor: The Board found that there was clear and unmistakable evidence of a pre-existing condition (asymptomatic pes planus) noted at service entrance, which increased in severity during service. The original decision failed to apply the correct regulations regarding aggravation of pre-existing conditions.
- Claimed conditions
- Bilateral flat feet
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2024
- Citation
- A24075750
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 A24075750.
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 Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting an effective date of January 8, 2014 for SMC based on the need for aid and attendance.
- Dismissed
The Board dismissed the appeals for earlier effective dates of service connection and DEA benefits, as they were not properly before the Board. The issues related to increased ratings and TDIU/Special Monthly Compensation (SMC) are remanded.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for service connection for bilateral flat feet, lumbosacral strain (secondary to service-connected knee and ankle disabilities), hypertension, diabetes, and bilateral hands arthritis due to pre-decisional duty to assist errors.
- Denied
The Board denied service connection for allergic rhinitis, erectile dysfunction (ED), and bilateral flat feet as the evidence did not support a medical nexus between these conditions and the Veteran's period of active duty.
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