The Board found clear and unmistakable error in the April 14, 2000 Rating Decision that denied service connection for bilateral pes planus due to misapplication of law. The correct legal standard requires a finding of 'chronic aggravation' which was not applied by the VA Regional Office. As a result, the Board reversed the decision and granted service connection based on the presumption of aggravation.
The deciding factor: The increase in severity of bilateral pes planus during service was found to be more than temporary and thus presumed to be due to the natural progress of the disease.
- Claimed conditions
- Bilateral Pes Planus
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2026
- Citation
- A26009262
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 A26009262.
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.
- Dismissed
The Veteran's appeals for an initial compensable rating for athletes' foot and a greater than 30 percent rating for bilateral pes planus have been dismissed due to untimely VA Form 10182 submissions.,The Veteran's claim of service connection for chronic fatigue syndrome has been remanded.
- Granted
The Veteran's service connection for traumatic brain injury is granted, and he is awarded a higher level of SMC based on the need for aid and attendance due to his service-connected PTSD and additional disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical evidence in the file on which to decide these claims. The appellant's VA treatment records contain diagnoses of GAD and OSA, and he reported symptoms related to his disabilities during service. A new examination and opinion are required to determine if the acquired psychiatric disorder is associated with service, as well as for OSA and bilateral pes planus and plantar fasciitis.
- Granted
The Board has granted a higher initial rating of 100 percent for PTSD effective April 3, 2024, and assigned an earlier effective date of August 29, 2024, for allergic rhinitis. The Veteran's claim for DEA benefits and a higher initial rating for bilateral pes planus is denied.
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