Foot (incl. plantar fasciitis, flat feet) decisions — 2007

The Board denied service connection for cervical cancer and a compensable rating for a bilateral foot disability, finding that the veteran's conditions were not related to her military service.

The Board has determined that the veteran's bilateral pes planus did not have its onset during service and was not aggravated by his service. Therefore, the claim for service connection is denied.

The Board has granted increased ratings for varicose veins, left leg; plantar fasciitis, left with Achilles tendonitis; and right shoulder impingement syndrome, major. The veteran's conditions are currently rated at the 10% level.

The veteran's death was due to service-connected hypertension. However, the Board found that he did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311 as his disability rating had not been at 100% for a continuous period of eight years prior to his death.

The veteran's claim for an increased disability evaluation for his service-connected bilateral pes planus is being remanded due to the inability to locate a hearing transcript and the need for further examination.

The Board has granted the veteran's application to reopen his previously denied claim of entitlement to service connection for bilateral pes planus. The reopened claim requires additional development and is the subject of a remand.

The Board found that pes planus preexisted service and was not aggravated during service, leading to denial of the claim. The other issues were not addressed as they are moot due to the decision on pes planus.

The veteran's service-connected mechanical lower back pain was granted a noncompensable rating prior to February 6, 2004 and a compensable rating of 10 percent after that date. Service connection for upper back pain, chronic upper respiratory infections (claimed as sinus condition), left hip pain, and right foot disability were all granted. The veteran's service-connected residuals of a fracture of the left elbow and cyst of the left knee each received noncompensable ratings.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder and a compensable disability rating for bilateral pes planus. The denial of service connection is based on lack of evidence in the service medical records indicating an in-service occurrence or aggravation of such condition. For the bilateral pes planus claim, the Board found that the current severity does not warrant a higher than noncompensable rating.

The veteran's appeal is remanded for further development and consideration of his claim for an increased evaluation for bilateral pes planus, including the potential for secondary service connection due to arthritis.

The Board denied reopening the veteran's service connection claim for schizophrenia in February 2000. New evidence received since then raises a reasonable possibility of substantiating the claim, and the Board has reopened it. The Board also found that schizophrenia was incurred in service. For bilateral pes planus, the disability is currently rated at 30 percent.

The veteran's intractable plantar keratosis and painful IPK of the right foot are currently evaluated at 10 percent, but do not warrant an increased evaluation.

The veteran's claim for an initial rating in excess of 10 percent for residuals of multiple joint injuries of the right hand was denied. The claim seeking service connection for bilateral pes planus was also denied, but new and material evidence has been received to reopen this claim.

The Board has determined that the veteran does not have a right shoulder, upper back, or low back disability related to active duty service. The claims for sinusitis and right groin disabilities are denied as there is no evidence of current conditions. The claim for bilateral foot disability is denied due to lack of proof of present disability.

The Board found no evidence of service connection for pseudo-gout arthritis of both shoulders or chronic low back disability to include as secondary to the service-connected right knee disability. The veteran's right ankle dorsiflexion and plantar flexion were limited, but did not meet criteria for a higher rating.

The Board has remanded the case for further development, including obtaining medical records from Cherry Point Tri-Care Center and ensuring all notice obligations are satisfied. The claim will be reconsidered based on the additional evidence.

The Board has denied the veteran's claims of entitlement to service connection for bilateral flat feet, bilateral hallux limitus, and a right foot disability, to include plantar fasciitis, as secondary to her service-connected left foot disability. The evidence submitted since the last final denial is not considered new and material.

The Board denied an earlier effective date for the veteran's service-connected pes planus valgus with calcaneal fat pad syndrome and denied his claims for other disabilities, including refractive error, adjustment disorder, ankle disorders, shin disorders, knee disorders, hip disorders, low back disorders, and hemorrhoids.

The Board has determined that the veteran's recurrent right ankle sprain is related to his service and granted service connection for this condition.

The Board found that the veteran had a claim for an earlier effective date pending before VA at the time of his death, and thus granted the claim. The effective date is set to January 27, 1994.