MORTON'S NEUROMA

Summary

The veteran, who served from November 1984 to September 1990, appeals the denial of an increased rating for bilateral Morton's neuroma and the denial of an earlier effective date for service connection for right foot Morton's neuroma. The veteran is currently rated at 10 percent for bilateral Morton's neuroma, which is the maximum schedular rating under DC 5279. The veteran argued for a higher rating, but the Board found that the current rating accurately reflects the disability and that no other diagnostic code would be more appropriate. The Board also noted that the disability does not equate to a loss of use of a foot, citing VA examinations and treatment records that indicated no functional impairment equivalent to amputation. For the effective date claim, the veteran sought an earlier date than March 6, 2012, for right foot Morton's neuroma. The Board found that the earliest possible effective date was March 6, 2012, based on the claim filed on that date, and the evidence did not support an earlier date. The Board denied both the increased rating and the earlier effective date.

Rationale

10 percent is the maximum schedular rating for Morton's neuroma under DC 5279.; No other diagnostic code is more appropriate.; Evidence does not show functional impairment equivalent to loss of use of a foot.

Full Decision Text

Citation Nr: A26040350
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 200625-93214
DATE: April 29, 2026

ORDER

Entitlement to an increased rating in excess of 10 percent for Morton's neuroma, bilateral feet (previously claimed as right foot Morton's neuroma) is denied. 

Entitlement to an effective date earlier than March 6, 2012 for the grant of service connection for Morton's neuroma, right foot is denied. 

FINDINGS OF FACT

1. The Veteran's Morton's neuroma, bilateral feet is already assigned a 10 percent disability rating, the maximum schedular rating allowed under 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5279. 

2. The date of entitlement for the grant of service connection for Morton's neuroma, right foot arose from the March 6, 2012 claim. 

CONCLUSIONS OF LAW

1. The criteria for entitlement to a disability rating in excess of 10 percent for service-connected Morton's neuroma, bilateral feet, have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.71a, DC 5279.

2. The criteria for an effective date earlier than March 6, 2012 for the grant of service connection for Morton's neuroma, right foot have not been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active service from November 1984 to September 1990. 

The Veteran submitted a claim for service connection for the right foot Morton's neuroma on April 23, 2012. Of note, the agency of original jurisdiction (AOJ) construed a March 6, 2012 VA Form 21-526EZ as a claim for service connection for right foot Morton's neuroma. A July 2012 rating decision denied the claim for service connection for right foot Morton's neuroma. The Veteran appealed with an August 2012 notice of disagreement. An April 2014 statement of the case (SOC) was issued. A May 2014 substantive appeal was submitted. A July 2015 supplemental statement of the case (SSOC) was issued. A Board hearing was held in May 2018 before a Veterans Law Judge (VLJ). A September 2018 Board decision remanded the issue. An August 2019 rating decision granted service connection for right foot Morton's neuroma with an effective date of March 6, 2012. The Veteran submitted a June 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). 

In the June 2020 VA Form 10182, the Veteran elected the Hearing docket. A Board hearing was held on May 28, 2024. 

Therefore, the Board may only consider the evidence of record at the time of the August 2019 AOJ decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Board notes that during the May 2024 hearing, the Veteran provided testimony on his service-connected vascular headaches. However, this issue was already adjudicated in the February 2020 Board decision under the Legacy system, and is not properly before the Board. Thus, this issue will not be addressed herein. 

1. Entitlement to an increased rating in excess of 10 percent for Morton's neuroma, bilateral feet. 

This appeal arises from the June 2020 VA Form 10182 seeking a higher rating for Morton's neuroma of the right foot. Here, the Veteran's
, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Board notes that during the May 2024 hearing, the Veteran provided testimony on his service-connected vascular headaches. However, this issue was already adjudicated in the February 2020 Board decision under the Legacy system, and is not properly before the Board. Thus, this issue will not be addressed herein. 

1. Entitlement to an increased rating in excess of 10 percent for Morton's neuroma, bilateral feet. 

This appeal arises from the June 2020 VA Form 10182 seeking a higher rating for Morton's neuroma of the right foot. Here, the Veteran's right and left foot Morton's neuroma are combined and rated together. He is currently in receipt of an initial disability rating of 10 percent for Morton's neuroma of the bilateral feet for the entire period on appeal. 

The Veteran asserts that a higher rating is warranted. However, 10 percent is the maximum schedular rating authorized under 38 C.F.R. § 4.71a, DC 5279. Furthermore, the Board does not find that the Veteran's bilateral Morton's neuroma would be more appropriately rated under a different diagnostic code, as the currently applied code directly contemplates the Veteran's disability. See Copeland v. McDonald, 27 Vet. App. 333, 337-38 (2015) (holding that, as a matter of law, DC 5284 does not apply to the eight other foot conditions specifically listed in § 4.71a, and so listed conditions could not be rated by analogy under that DC).

A higher rating is warranted if there is loss of use of a foot, in which case the feet would be separately rated, and the ratings combined. See 38 C.F.R. § 4.71a, DC 5167. 

In this case, the evidence persuasively weighs against showing any foot disability equivalent to loss of use of a foot. The Veteran's ability to stand and walk on the feet, although limited by symptoms such as pain and swelling and with prolonged walking, reflects more function than would be served by amputation of the feet. The April 2012 and June 2019 VA examinations determined, after clinical evaluation, that there is no functional impairment of an extremity such that no effective functions remain other than that which would be equally well served by an amputation with prosthesis. These findings are consistent with VA treatment records, to include a May 2012 VA podiatry note indicating low risk for lower extremity amputation. 

For these reasons, the Board finds that the evidence persuasively weighs against the assignment of a disability rating in excess of 10 percent for the Veteran's service-connected bilateral Morton's neuroma. As such, the benefit-of-the-doubt rule does not apply, and the claim for an increased rating is denied. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (2021).

2. Entitlement to an effective date earlier than March 6, 2012 for the grant of service connection for Morton's neuroma of the right foot. 

The Veteran appealed for an earlier effective date for the grant of service connection for Morton's neuroma of the right foot in the June 2020 VA Form 10182. 

In cases involving direct service connection, the effective date will be the day following separation from active service or the date entitlement arose if the claim is received within one year after separation from service. Otherwise, the effective date will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(b)(2)(i).

The effective date for increases in initial disability ratings is the date of receipt of claim or date entitlement arose, whichever is later. 38 C.F.R. § 3.400(o)(1). 

The Board notes that the Veteran's right and left feet Morton's Neuroma are currently rated as a single disability effective March 6, 2012. Service connection for Morton's neuroma of the left foot was previously in effect from October 1, 1990 (day following separation from service) to March 5, 2012; a diagnosis of the right foot Morton's neuroma was not made at that time. 

Here, the Veteran did not submit a claim for service connection for the right foot Morton's neuroma until the April 23, 2012 claim. Of note, the AOJ construed the March 6, 2012 VA Form 21-526EZ claim as a claim for service connection for right foot Morton's neuroma
 Veteran's right and left feet Morton's Neuroma are currently rated as a single disability effective March 6, 2012. Service connection for Morton's neuroma of the left foot was previously in effect from October 1, 1990 (day following separation from service) to March 5, 2012; a diagnosis of the right foot Morton's neuroma was not made at that time. 

Here, the Veteran did not submit a claim for service connection for the right foot Morton's neuroma until the April 23, 2012 claim. Of note, the AOJ construed the March 6, 2012 VA Form 21-526EZ claim as a claim for service connection for right foot Morton's neuroma. The evidence persuasively weighs against showing that a claim for right foot Morton's neuroma was filed prior to that date. In light of the above, March 6, 2012, the date of the original claim for service connection for right foot Morton's neuroma, is the earliest possible effective date for the grant of service connection for right foot Morton's neuroma. Accordingly, the evidence persuasively weighs against the claim, and an effective date earlier than March 6, 2012 is not warranted. 

In conclusion, the Board finds that the evidence persuasively weighs against an earlier effective date for the grant of service connection for right foot Morton's neuroma. In denying such a rating, the Board finds the benefit of the doubt doctrine is not applicable as the evidence persuasively weighs against an earlier effective date. 38 U.S.C. § 5107; 38 C.F.R. §§ 4.3, 4.7.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Vang, Counsel

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.