Citation Nr: A21020370
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 200528-88058
DATE: December 21, 2021

ORDER

Entitlement to service connection for right foot osteoarthritis is granted.  

Entitlement to service connection for left foot osteoarthritis is granted.  

FINDINGS OF FACT

1. Right foot osteoarthritis has been shown to have originated during active service.  

2. Left foot osteoarthritis has been shown to have originated during active service.  

CONCLUSIONS OF LAW

1. The criteria for service connection for right foot osteoarthritis are met.  38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.  

2. The criteria for service connection for left foot osteoarthritis are met.  38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from November 1975 to November 1978.

In May 2020, the Agency of Original Jurisdiction reopened and denied service connection for osteoarthritis of the feet.  In his May 2020 Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, the Veteran elected the Direct Review docket.  Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the May 2020 decision on appeal.  38 C.F.R. § 20.301.  

Service Connection for Right Foot and Left Foot Disabilities

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. § 1131, 5107; 38 C.F.R. § 3.303.  

The service treatment records reflect that the Veteran was treated for foot complaints.  A July 1978 treatment record states that the Veteran was diagnosed with chronic foot pain.  

(Continued on the next page)

 

The report of a January 2019 examination conducted for the Department of Veterans Affairs (VA) states that the Veteran was diagnosed with right foot and left foot osteoarthritis.  The examiner concluded that "the claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness."  

The Veteran was treated chronic foot pain during active service.  The Veteran has been diagnosed with osteoarthritis of the right foot and the left foot.  A VA examiner concluded that it is "at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness."  Therefore, service connection for both right foot osteoarthritis and left foot osteoarthritis is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.