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

The Board found that the veteran's right foot disability was not incurred in or aggravated by active service and denied his claim for direct service connection.

The Board denied the veteran's claims for higher initial ratings for his service-connected right ankle instability, left foot plantar fasciitis, and left arm soft tissue injury. The issues of service connection for a left hand contusion were also denied.

The Board has denied the veteran's claims for service connection for bilateral pes planus, bilateral leg pains (claimed as secondary to a service-connected disability), and arthritis of the lumbar spine (claimed as secondary to a service-connected disability). The weight of the evidence is against these claims.

The Board has remanded the case due to inadequate examination and a need for further development, including a VA orthopedic examination.

The veteran's service-connected right knee and bilateral foot conditions are currently rated appropriately, with no evidence of new or material evidence to reopen the claims. The veteran's sinusitis is not manifested by incapacitating episodes per year or more than six non-incapacitating episodes per year.

The Board has determined that a remand is necessary to obtain a new VA examination for the appellant's service-connected bilateral pes planus with surgical realignment of the metatarsal arches.

The Board denied the veteran's claims for service connection for flat feet and a back/hip disorder, finding that new evidence did not meet the criteria for reopening his claim. The Board also found that there was no direct or secondary service connection for these conditions.

The veteran's claims for increased ratings for chronic lumbar strain, dysthymia, and bilateral foot disabilities were denied. The RO continued the denials of these claims in a May 2005 rating decision.

The veteran's claimed disabilities, including rheumatoid arthritis and orthopedic conditions affecting the left knee and right foot, colon polyps, Peyronie's disease, kidney stones, inguinal hernias, and cataracts, were not found to be related to his service or exposure to herbicides during his Vietnam-era service.

The veteran's left knee is rated at 30 percent, and her degenerative disc disease at L3-L4 and S1 is rated as noncompensable. The evaluations for pes planus of the right foot and left foot are also noncompensable.

The Board denied the veteran's claims for service connection for bilateral pes planus, a bilateral knee condition secondary to pes planus, and entitlement to TDIU due to lack of evidence supporting these claims.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for his bilateral pes planus, finding that the disability warranted a 10 percent rating based on moderate flatfoot.

The Board found that there is no medical evidence indicating a relationship between the veteran's service-connected left knee disability and his current diagnosed left foot disability, thus denying secondary service connection.

The Board has determined that additional development is needed to determine the etiology of the veteran's claimed conditions and whether they are related to service. The case is therefore REMANDED for further action.

The Board is remanding the claims for service connection and secondary service connection to obtain additional records, provide due process, and readjudicate the cases.

The veteran's request for a hearing before the Board has been addressed, and he is now scheduled for a videoconference hearing at his local RO. The appeal will be remanded to the Regional Office (RO).

The Board has remanded the claims for service connection for the cause of the veteran's death and for DEA under the provisions of 38 U.S.C.A. Chapter 35 due to new evidence requiring further development, including obtaining a VA opinion on whether the veteran's service-connected disabilities caused or contributed to his suicide.

The Board found no evidence of a bilateral foot disorder or malunion of the mandible in service and denied both claims.

The Board has decided to remand the case for additional development of information, including obtaining chiropractic treatment records and a VA examination to determine if the veteran currently has pes planus. If pes planus is found, the examiner should also provide an opinion on whether it was aggravated by service.

The Board has determined that the veteran's claimed conditions, including bilateral foot and heel disabilities, diabetes mellitus, hypertension, and bilateral knee arthritis, were not incurred or aggravated by service. The claims are denied.