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

The veteran is seeking an increased evaluation for his service-connected bilateral pes planus with a history of weak feet. The RO has requested additional VA and private treatment records, but the clinical documentation pertaining to treatment after April 1998 has not been provided. The Board has ordered that the veteran be scheduled for a VA examination to determine the nature and severity of his disability.

The veteran's bilateral flatfoot disability is manifested by no more than mild pes planus and pain, warranting a 10 percent evaluation. The Board denied an increased rating as the symptoms do not meet or approximate the criteria for a higher evaluation.

The Board denied the veteran's claims for increased ratings for his service-connected PTSD and bilateral pes planus, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has granted separate 30 percent ratings for the service-connected residuals of left and right frozen foot disabilities, effective on January 12, 1998. The veteran's bilateral frozen feet disability is rated at 30 percent prior to that date.

The veteran's claim for TDIU benefits was granted effective November 1, 1995. The decision found that the veteran had been unemployable due to service-connected conditions since November 1, 1995.

The Board has determined that the appellant should be afforded a VA examination for the purpose of obtaining a fully informed medical opinion regarding the relationship between the veteran's current residuals of a testicular injury, if any, and his period of service. The RO is also advised to request records from the VAMC where the veteran sees a podiatrist for treatment of his warts.

The Board has remanded the case due to new legal requirements under the Veterans Claims Assistance Act of 2000, and for clarification on whether the veteran is receiving Social Security Administration benefits. The RO must also schedule a VA medical examination to assess the veteran's ability to maintain substantial gainful employment.

The Board has granted service connection for the veteran's right ear hearing loss and assigned a rating of 10 percent. The left foot disability, bilateral ankle gout, and right ear hearing loss are all considered direct service connections.

The Board has denied the veteran's claims for reopening his service connection claims for pes planus and a chronic lung disability due to lack of new and material evidence.

The Board has determined that the veteran's service-connected pes planus does not warrant a compensable disability rating, as there is no evidence of significant symptoms or impairment.

The RO reduced the veteran's disability evaluation for residuals of bilateral trench foot from 20 percent to noncompensable due to improvement in symptoms, and there was no evidence of CUE.

The Board found that the evidence in its entirety was sufficient to establish that pes planus clearly and unmistakably pre-existed active duty and was not aggravated thereby, leading to the severance of service connection for pes planus. The veteran is now requesting a revision of this decision on grounds of clear and unmistakable error.

The Board has reopened the veteran's claim for pes planus due to new and material evidence submitted since the last denial. The issue of whether the veteran engaged in combat with the enemy during service is also addressed.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for bilateral pes planus due to insufficient evidence and a need for additional development.

The Board has determined that additional development is needed to properly address the veteran's claims, including obtaining medical records and conducting examinations.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound was denied because he does not meet the criteria for such benefits, as his disabilities do not render him unable to care for his daily personal needs without assistance from others.

The Board has determined that additional development is needed before a decision can be made on the veteran's claim for a compensable evaluation for pes planus. This includes obtaining medical records and conducting an examination to assess the severity of the veteran's condition.

The Board denied the veteran's claims for increased rating for bilateral pes planus and service connection for back, ankle, and knee disabilities secondary to his service-connected bilateral pes planus.

The Board has determined that the veteran's pre-existing bilateral pes planus was aggravated by his military service, and thus grants service connection for this condition.

The veteran's appeal for increased evaluations of his service-connected left foot disability and PTSD was denied. The RO found that the evidence did not meet the criteria for an evaluation in excess of 10 percent prior to January 17, 1995; after February 28, 1995, and before January 26, 1999; and after May 31, 1999.