The Board granted a revision of the February 2019 rating decision on the basis of clear and unmistakable error, awarding a 10 percent rating for bilateral foot degenerative arthritis effective October 5, 2006.
The deciding factor: The February 2019 rating decision incorrectly applied the regulatory provisions, failing to recognize that a 10 percent evaluation was warranted based on painful motion due to degenerative arthritis without actual limitation of motion.
- Claimed conditions
- bilateral foot degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 8, 2025
- Citation
- A25041863
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.
- Partly granted
The Board granted service connection for right and left wrist carpal tunnel syndrome, lumbosacral strain, cervical strain, bilateral knee strain and left knee osteoarthritis, bilateral hip trochanteric pain syndrome, bilateral elbow strain, bilateral foot degenerative arthritis, bilateral shoulder strain, and bilateral hand strain. OSA was denied.
- Partly granted
The veteran's claim for service connection for gout was denied. The claim for a foot condition was remanded for further evaluation.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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