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Partly granted

The Board granted a disability rating of 40 percent for the service-connected thoracolumbar spine degenerative arthritis, IVDS and a 50 percent rating for the right foot pes planus with right 5th tarsometatarsal joint arthritis combined with left foot plantar fasciitis from December 10, 2016.

The deciding factor: The overall disability picture of the Veteran's thoracolumbar spine degenerative arthritis, IVDS more nearly approximated favorable ankylosis (or functional equivalent thereof) of the entire thoracolumbar spine when considering functional loss due to flare-ups and with repetitive use over time. The evidence was at least evenly balanced as to whether the right foot pes planus with right 5th tarsometatarsal joint arthritis and left foot plantar fasciitis manifested in pronounced symptoms bilaterally, warranting a 50 percent disability rating.

Claimed conditions
thoracolumbar spine degenerative arthritis, IVDS, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, left ankle arthritis with instability, left foot plantar fasciitis, right foot pes planus with right 5th tarsometatarsal joint arthritis, right tibiotalar arthritis of the right ankle and flexior hallucis longus tenosynovitis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
April 17, 2025
Citation
A25035441

Veterans Law Judge

DUSTIN L. WARE

Decisions by this judge: 899 · Granted: 45% (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 A25035441.

What this means for you

A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.

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