Foot (incl. plantar fasciitis, flat feet) decisions — 2008

The Board has ordered the VA to obtain the veteran's service treatment records and verify his periods of active duty for training. The appeal will be remanded for further development.

The Board has granted the veteran's claim for service connection for bilateral pes planus, finding that it was incurred during active service.

The veteran's appeal is being remanded for proper notice and to afford him a more recent VA examination.

The Board has determined that the veteran's bilateral foot disability, currently rated at 30 percent, does not warrant a higher rating as there is no evidence of more than moderate functional impairment.

The Board found that the veteran's preexisting bilateral pes planus did not undergo a permanent increase in severity during service, and thus was not aggravated by military service. The Board concluded that the veteran's pes planus existed prior to his entry into service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for flat feet, which was previously denied in September 1986 and November 1987. The additional evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the veteran's claims for increased ratings for his service-connected pes planus and chronic skin disease, finding that the evidence did not meet the criteria for higher evaluations under applicable rating criteria.

The Board has granted service connection for bilateral pes planus but denied the claims for back disability and adjustment disorder. The initial noncompensable rating assigned for bilateral pes planus is upheld.

The Board has reopened the veteran's claim of entitlement to service connection for a left knee disability and determined that new and material evidence has been received. The Board also found that the veteran's preexisting left knee disability was aggravated by his service-connected right knee disability, thus granting service connection for this condition.

The Board has denied the veteran's claims for service connection for plantar fasciitis of the right foot and disability claimed as high cholesterol, both found to be not related to his military service or a service-connected condition.

The Board has determined that the veteran's service-connected right and left plantar fasciitis do not warrant higher initial ratings, as they are currently evaluated at 10 percent each.

The veteran's bilateral pes planus is rated as mild and does not meet the criteria for a higher evaluation.,The veteran's status post cholecystectomy has been service connected but does not result in any disability that would warrant a compensable rating.

The veteran's appeal is being remanded for additional development, including a VA examination to determine the current severity of his foot and knee disabilities.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the additional evidence submitted by the veteran.

The Board denied the veteran's claims for a compensable evaluation for his service-connected bilateral pes planus and an evaluation in excess of 10 percent for his partial tear of the left vastus lateralis muscle, finding that the evidence did not meet the criteria for higher ratings based on moderate disability or worse.

The Board denied reopening the veteran's claim for service connection due to lack of new and material evidence, as all submitted evidence was cumulative and did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that there was clear and unmistakable error in the June 1995 rating decision denying service connection for a back condition. As a result, the claim is granted, and the veteran's CUE claim renders moot the issue of whether new and material evidence has been presented to reopen his claim for service connection for a back disability. The Board also found that there is no PTSD or psychiatric disability other than PTSD secondary to service-connected disabilities of both knees. A 30 percent rating was assigned for chondromalacia with moderate laxity in the right knee, and a separate 10 percent rating was assigned for arthritis resulting in limited flexion of the right knee. Similar ratings were assigned for the left knee.

The Board has dismissed the appeals in regard to service connection for a scar on the chin, entitlement to an initial evaluation in excess of 30 percent for service-connected residuals of a mandible fracture, and entitlement to an initial evaluation in excess of 30 percent or a service-connected mandible scar. The claim for bilateral pes planus is dismissed as well.

The veteran's bilateral pes planus with plantar fasciitis is rated at 30 percent, and his claim for service connection for arthritis of the right knee has been reopened.

The Board has granted service connection for residuals of hernia repair. The veteran underwent a hernia repair while in service and the separation examination noted an umbilical hernia repair scar.