Foot (incl. plantar fasciitis, flat feet) decisions — 2001

The veteran's claim of entitlement to an increased rating for temporomandibular joint syndrome is granted, with a rating of 10 percent.

The Board has remanded the veteran's claims due to incomplete medical records and need for further examinations.

The Board denied the veteran's claims for service connection for neck, back, and shoulder injuries as well as flat feet, chondromalacia of the right knee, and abrasion of the left knee. The decision also found that the veteran had no dental injury during service.

The Board has denied the veteran's claim for service connection for a left foot disability, claiming it as a residual of cold injury sustained during service. The case is remanded to obtain additional medical records and conduct an examination.

The Board found that the veteran's current left foot disorders are not related to his active military service, including lacerations he sustained during a 1968 jeep accident in Vietnam. The examiner concluded it was more likely than not unrelated to the scars and degenerative changes.

The veteran's claim for an increased rating for his service-connected bilateral plantar faciitis is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board has determined that further development is needed to determine the nature and extent of the appellant's bilateral foot disability, as well as whether it was caused or aggravated by service. The case is being remanded for this purpose.

The veteran's bilateral pes planus is not productive of more than moderate impairment, and therefore does not meet the criteria for an evaluation in excess of 10 percent.

The Board has granted a 50 percent evaluation for bilateral pes planus with post-operative hallux valgus and bunionectomy, effective from the date of surgery on October 27, 1998. The temporary total rating was also granted through January 31, 1999 due to continued convalescence following the left foot surgery.

The veteran is seeking compensation under the Veterans' Compensation Act for additional disability resulting from a left plantar exostosectomy performed by VA in January 1992. The case has been remanded to obtain medical opinions regarding whether the current left lower extremity disabilities are proximately caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The veteran's bilateral pes planus deformity was not incurred or aggravated during service, and his headaches and subcapsular bursitis of the left shoulder were found to be unrelated to service. The claim for a compensable rating for the left shoulder disability is denied.

The Board has granted service connection for the veteran's left thigh, knee, and foot disabilities. A noncompensable rating was assigned for residuals of keloid removal of scalp and folliculitis, effective November 1, 1992.

The Board denied the veteran's claims for service connection for a stomach disorder, pes planus, deviated nasal septum, and lung disability (including asthma) due to lack of new and material evidence. The veteran's preexisting conditions were not aggravated by his military service.

The Board has determined that the veteran's bilateral pes planus warrants a 10 percent evaluation, and his amebic dysentery warrants a 10 percent evaluation. The current evaluations are considered appropriate based on the severity of each condition.

The veteran's pes planus, which preexisted service, was not aggravated during active duty and therefore service connection is denied.

The appeal is being remanded to the RO for additional development of evidence, including obtaining VA examination reports and treatment records. The veteran's claims for service connection will be reconsidered in light of new evidence.

The Board denied the veteran's claims for reopening his service connection claims for COPD and pes planus, as well as his claim for special monthly pension based on needing aid and attendance. The evidence submitted since the previous denial was not considered new and material to reopen any of these claims.

The Board has dismissed the appellant's appeals for increased evaluations of his service-connected right knee fracture, plantar warts of both feet, and fractured right scapula and clavicle disabilities due to a lack of timely filed substantive appeal.

The veteran's claim for an effective date earlier than August 26, 1996, for service connection for pes planus and hallux valgus with probable tarsal coalition was denied. The effective date is set at the date of receipt of the reopened claim, which is September 5, 1996.