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
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.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, type II diabetes, diabetic peripheral neuropathy of both lower extremities, left and right knee disabilities, and left and right foot plantar fasciitis to obtain additional medical evidence.
- Denied
The Board denied earlier effective dates for the awards of service connection for various disabilities, including PTSD with other specified depressive disorder and multiple wrist and finger pain conditions.
- Granted
The Board granted an increased rating from 20 percent to 40 percent for the Veteran's right lower extremity sciatic nerve radiculopathy, finding that the evidence supports a rating of 40 percent based on moderate severe incomplete paralysis.
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