Foot (incl. plantar fasciitis, flat feet) decisions — 2004

The Board has granted a disability rating of 50 percent for the appellant's service-connected bilateral pes planus, which is the maximum schedular evaluation available.

The Board dismissed the appeal due to a lack of timely substantive appeal for an increased rating for the right knee. The claims for service connection for back and bilateral foot disabilities were not reopened as new and material evidence was not received.

The veteran's claims of entitlement to increased evaluations for limpomata, bilateral plantar calluses, and right ear hearing loss are dismissed due to failure to file timely substantive appeals.,The veteran's claim of entitlement to an evaluation in excess of zero percent disabling prior to August 2002 for limboma is dismissed due to failure to file a timely substantive appeal.,The veteran's claim of entitlement to increased evaluations for bilateral plantar calluses and right ear hearing loss are dismissed due to failure to file timely substantive appeals.,The veteran's claim of entitlement to service connection for a right shoulder disorder is denied as there is no evidence linking the condition to active service or any other basis.,The veteran's claims of entitlement to service connection for hiatal hernia and gastroesophageal reflux disease (GERD) are dismissed due to failure to file timely substantive appeals.,The veteran's claim of entitlement to service connection for hiatal hernia and/or GERD is denied as there is no evidence linking the condition to active service or any other basis.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for pes planus, which was previously denied in January 1985.

The Board has remanded the case for further development and clarification of issues, including evaluation of foot disorders, service connection claims, and compensation under 38 U.S.C.A. § 1151.

The Board granted service connection for lipomatous tethered cord syndrome and resultant bilateral foot disability, reflex sympathetic dystrophy with causalgia, and assigned a 10 percent disability rating.

The Board granted an increased rating of 30 percent for bilateral pes planus and awarded an effective date of December 1, 2000.

The veteran's appeal is being remanded for further evaluations and consideration of his pes planus and folliculitis of the neck conditions.

The Board has determined that the veteran's bilateral pes planus and left shoulder disorder do not meet or approximate the criteria for a compensable rating under VA's Schedule for Rating Disabilities. Therefore, the claims for higher initial ratings are denied.

The Board found that the veteran's bilateral pes planus was not incurred in or aggravated by service. The claim for an initial evaluation in excess of 20 percent for lumbosacral strain is being remanded to the RO.

The Board found that the veteran's service connection claims for bilateral foot disability and psychiatric disability were denied due to a misapplication of the law. The motion argued that the presumption of soundness should have been applied, but the Board determined that clear and unmistakable evidence was not provided to rebut this presumption. For the psychiatric claim, the motion alleged failure in VA's duty to assist, which is insufficient for CUE claims.

The Board denied service connection for residuals of an injury to both legs, but granted service connection for pes planus on the left leg. The veteran's claim for right foot pes planus was not supported by evidence and was therefore denied.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for residuals of right plantar fasciotomy and a calcaneal spur, finding that her disability is most appropriately rated as slight.

The veteran's appeal is being remanded for further development of his service connection claim, including obtaining missing service medical records and attempting to locate treatment at Fort Ord in May 1968.

The Board finds that the veteran was first treated during service for hallux valgus - a condition that based upon the record remains a current diagnosis. Thus, service connection may be granted for bilateral hallux valgus, based upon incurrence during service. The Board also finds that the pes planus did undergo an increase in severity during the veteran's period of active service and there is no specific finding in the record as to such an increase being caused by the natural progression of the disease.

The Board has reopened the claim for service connection for a foot disability due to new and material evidence submitted by the veteran, but it remains unclear whether this condition is related to military service.

The Board has granted increased ratings for the veteran's service-connected residuals of fragment wounds to the left hand and pes planus, with a separate rating for a tender and painful scar from the same injury. The disability ratings are effective as of the date of the decision.

The Board has granted a 30 percent disability evaluation for the service-connected bilateral pes planus with hind foot valgus since July 21, 2001. The veteran's symptoms have been severe and consistent over time.

The veteran's claims for increased evaluations for lumbosacral strain and tinea pedis with plantar warts of both feet are being remanded to the RO for additional development, including obtaining medical examinations and records.

The Board denied the appellant's claims for TDIU and SMC based on her husband's service-connected bilateral flat feet disability. The Board found that his foot disability did not preclude him from substantially gainful employment, nor did it meet the criteria for special monthly compensation due to anatomical loss or use.