The Board granted a 20 percent rating for right foot osteoporosis and hammer toe of the 4th toe (status post fracture of the 3rd, 4th, and 5th metatarsals) but denied an initial rating in excess of 10 percent for tinnitus.

The deciding factor: The evidence supported a moderately severe injury based on pain, numbness, and tingling, which warranted a 20 percent rating under the criteria for foot injuries. However, there was no evidence to support a higher rating for tinnitus as it met the maximum schedular evaluation.

Claimed conditions

tinnitus, right foot osteoporosis and hammer toe of the 4th toe (status post fracture of the 3rd, 4th, and 5th metatarsals), multiple scars of the right foot, painful scar of the right foot

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 31, 2025

Citation

A25009107

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