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

The Board has determined that additional development is needed to address the appellant's claim for a total rating based on individual unemployability due to service-connected disability, including issues related to secondary service connection. The RO must obtain medical records and determine if the appellant is entitled to benefits.

The veteran's service-connected bilateral hearing loss is currently rated at 10 percent, and his residuals of a fractured left ankle are also rated at 10 percent. The RO has granted the veteran increased ratings for both conditions.

The veteran is seeking an increased evaluation for his service-connected bilateral pes planus. The RO must ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed, including obtaining private and VA medical records related to recent treatment for his feet. A VA examination should be conducted to determine the nature and severity of any disability involving the feet, including service-connected bilateral pes planus. The RO must also adjudicate the issue of entitlement to service connection for disabilities involving the feet on a secondary basis.

The veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected bilateral pes planus.

The VA has determined that the veteran's bilateral pes planus with metatarsalgia does not warrant a rating in excess of 10 percent.

The Board determined that the veteran's bilateral pes planus and hammertoes did not have their onset in service, and thus denied his claims for service connection.

The Board found that the veteran's pre-existing bilateral pes planus worsened during service, warranting service connection. For his low back disability, the Board determined it was not incurred or aggravated by service.

The veteran's claims for shin splints, hearing loss, and pes planus were denied as there is no evidence of a current disability or in-service injury that resulted in the conditions.

The veteran's hearing loss is granted as incurred in service. Service connection for ulcers is denied. The right ankle injury with old avulsion fracture and the right foot injury with plantar fasciitis are both granted increased ratings.

The veteran's tinea pedis was granted service connection and assigned a 10 percent rating effective July 27, 1995. The claim for pes planus remains pending.

The Board has granted service connection for chronic bilateral tinea pedis, but denied service connection for right foot plantar papillomas (warts) and PTSD.

The Board dismissed the appeal due to the veteran failing to file a timely Substantive Appeal regarding the August 1994 rating determination, and thus did not address the issues of effective dates for service connection.

The Board denied service connection for a cervical spine condition, bilateral flat feet, bilateral hand condition, and bilateral wrist condition as not well grounded. The veteran's cervical spine injury is believed to have occurred due to a fall caused by his service-connected scoliosis of the lumbar spine.

The Board of Veterans' Appeals (Board) has determined that the October 5, 1961 decision incorrectly applied the law and regulations to the facts of the case, resulting in an erroneous denial of restoration of service connection for a neuropsychiatric disorder and pes planus. The Board now concludes that this decision involved clear and unmistakable error.

The Board has determined that the appellant's conditions have not significantly changed and that uniform ratings are appropriate. The current evaluations for his service-connected conditions remain unchanged.

The VA has denied the veteran's claim for an increased rating for his service-connected bilateral pes planus, currently evaluated at 30 percent.

The residual lesion scar located on the plantar aspect of the right foot is productive of no more than moderate disability, and thus does not meet the criteria for a rating in excess of 10 percent.

The Board of Veterans' Appeals dismissed the motion to review a May 1993 decision denying service connection for pes planus due to the withdrawal of the motion.

The Board has determined that the veteran's cervical laminectomy residuals are secondary to his service-connected bilateral pes planus.