Our client recently secured a key victory before the Court of Appeals for Veterans Claims. He served in the U.S. Army from 1994 to 1996 and from 1999 to 2012. In 2011, while still in service, our client filed a claim for a left foot disability following a bunionectomy. The VA initially granted a noncompensable rating for the scar caused by this condition.

The veteran continued to experience pain in his left foot and filed for a higher evaluation. The VA denied his request, despite his consistent reports of pain since service. In 2018, a VA examiner confirmed that the veteran’s scar caused a “near constant ache” and limited movement in his left toe. Based on this exam, the VA increased his rating to 10%, effective October 2018. However, the Board failed to assign the proper effective date. This was one reason we appealed the decision to the Court.

The Court found that the Board failed to address evidence of his painful scar from as early as 2011. It also neglected to consider that the veteran’s 2013 filing could be treated as a Notice of Disagreement with the VA’s earlier decision. The Court remanded the case for reconsideration of an earlier effective date for the veteran’s 10% rating.

This win reinforces the importance of ensuring that the VA properly evaluates veterans’ claims for service-connected disabilities. Contact our office for help with your VA disability claim.

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