Foot (incl. plantar fasciitis, flat feet) decisions — 2002

The Board has reopened the claims for pes planus, but denied the claims for bilateral sensorineural hearing loss and tinnitus as new and material evidence was not presented. The veteran's current conditions are considered to be service-connected based on direct service connection due to their onset in service or natural progression.

The Board has granted a 50 percent rating for the veteran's service-connected metatarsalgia with pes planus, finding that it is pronounced and more nearly approximates the criteria for a 50 percent evaluation under Diagnostic Code 5276.

The Board has granted a 30 percent rating for bilateral pes planus and plantar fasciitis, finding that the veteran's symptoms more nearly approximate the criteria for this higher evaluation.

The Board has granted a 30 percent evaluation for headaches and a separate 10 percent evaluation for the veteran's left foot disorder, effective from December 1995. The right foot disorder continues to be evaluated at 10 percent.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral pes planus, finding that the disability did not meet the criteria for a higher rating under the applicable VA Schedule of Ratings.

The Board denied the veteran's claims for service connection for defective vision, increased evaluations for his right index finger disability and bilateral pes planus. The evidence submitted since the June 1955 RO decision was not new and material to reopen the claim for defective vision.

The Board has granted a 50 percent evaluation for the veteran's bilateral pes planus, which is characterized as severe flatfootedness with objective evidence of marked deformity and pain on use. The veteran's orthopedic shoes only helped to a limited extent.

The Board found that the veteran did not submit new and material evidence to reopen his claim for service connection for bilateral pes planus, which was previously denied in November 1988.

The Board denied the appellant's claim for entitlement to a disability evaluation in excess of 30 percent for the veteran's bilateral flat feet, for accrued benefits purposes. The evidence did not reveal pronounced symptomatology prior to the veteran's death that would warrant a higher evaluation under Diagnostic Code 5276.

The Board denied an increased rating for the veteran's service-connected left foot disability and denied secondary service connection for a claimed left knee disability.

The veteran's lumbosacral strain is currently rated at 20 percent, effective May 4, 2000. His bilateral pes planus is rated as 30 percent disabling. The Board has also granted a total rating based on individual unemployability due to service-connected disabilities.

The Board has reopened the veteran's claim of service connection for bilateral pes planus and granted an increased evaluation for his healed stress fracture of the left tibia. The veteran now receives a 10 percent evaluation from December 24, 1997 to December 27, 1998, and a higher evaluation on and after December 28, 1998.

The veteran's service-connected low back, left foot, and right foot disabilities have been rated as 20%, 10%, and 10% respectively. The RO has denied increased ratings for all of these conditions.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board of Veterans' Appeals has determined that the veteran's current bilateral foot disorder, including plantar fasciitis, was not incurred in or aggravated by service and is not related to any disease or injury in service. Therefore, service connection for this condition is denied.

The Board has granted service connection for a right knee disability and low back disability both claimed as secondary to the veteran's service-connected bilateral pes planus. The veteran is also assigned a 30% evaluation for his service-connected bilateral pes planus.

The Board denied the veteran's claims of service connection for residuals of a right knee injury and pes planus, finding that the February 1946 rating decisions were not the product of clear and unmistakable error.

The Board denied the veteran's claim for an earlier effective date for the payment of additional compensation based on a dependent spouse, finding that no evidence was received within one year of notification and thus the earliest possible effective date is September 1, 1999.

The Board has granted a 10 percent initial evaluation for the veteran's service-connected bilateral pes planus, which is productive of hallux valgus and pain on manipulation and use.

The veteran's appeal is being remanded due to the need for further development and consideration of his claims, including service connection for pes planus and increased evaluation for left knee disabilities.