The Board denied the Veteran's October 2015 request to revise the November 20, 1998 rating decision on the basis of clear and unmistakable error, finding the alleged error did not meet the stringent CUE standard. The Board remanded the issue of entitlement to an increased evaluation for the service-connected left foot disability, establishing March 13, 2014 as the date of receipt of the claim for increased rating rather than October 15, 2015.
The deciding factor: The Board found no clear and unmistakable error because service department disability ratings are not binding on VA, which applies its own statutory and regulatory standards for rating assignments, and the Veteran failed to identify specific errors in how the VA examination was evaluated.
- Claimed conditions
- Residuals of fractures of 2nd, 3rd, and 4th metatarsals of left foot, Left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 6, 2025
- Citation
- A25096762
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (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 A25096762.
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.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Dismissed
The appeal for a compensable rating for acne vulgaris is dismissed. Service connection for tinnitus is granted, but the left foot disability claim is remanded.
- Dismissed
The claim of entitlement to service connection for a right hand disability is dismissed.,The claim of entitlement to service connection for an acquired psychiatric disorder based on a June 2020 claim is denied.,The claims of entitlement to service connection for bilateral ankle and foot disabilities are remanded.
- Granted
The Veteran's TDIU claim was granted effective August 13, 2020. The Board found that the Veteran's service-connected PTSD rendered her unable to secure or maintain substantially gainful employment since this date.,Due to the grant of an earlier effective date for TDIU, the Veteran is now eligible for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 starting from August 13, 2020.
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