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

The Board denied the veteran's claims of service connection for bilateral foot disability, bilateral hearing loss, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by active military service.

The Board is remanding the case to consider new evidence submitted by the veteran and her representative, as well as any additional pertinent evidence received by the AMC/RO. The issue of whether new and material evidence has been submitted to reopen the claim for service connection for a bilateral foot disability will be considered along with the merits of the claim.

The veteran's service-connected bilateral pes planus is manifested by severe bilateral pes planus, enlarged abductor hallucis muscles, pain on use, minimal bilateral hallux valgus, small bilateral plantar heel spurs, degenerative changes of the first metatarsophalangeal joint of the right foot, and residuals of a healed stress fracture of the left foot. The criteria for an initial rating of 30 percent are met.

The veteran's claims for service connection for asthma, a right foot disability, and a right hand and finger disability have been denied. The Board found no evidence of such disabilities in service or post-service.

The Board has remanded the case due to a failure to fulfill its duty to notify under 38 U.S.C.A. § 5103(a). The veteran's claim for service connection for flat feet remains pending.

The Board has reopened the veteran's previously denied claims of service connection for fungus of the feet and bilateral pes planus, but these issues are being REMANDED to the RO for further action.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, pes planus, knee and hip conditions, a head condition, and a heart condition. The evidence does not support a finding that any of these conditions are related to military service.

The Board denied the veteran's claims for service connection for TMJ, an initial rating in excess of 10 percent for acid reflux disease, and a compensable rating for pes planus. The veteran is not entitled to these benefits based on the current evidence.

The Board has determined that the veteran's left ankle and foot disabilities are related to his service-connected right knee disability, and thus grants service connection for these conditions.

The Board has granted service connection for peripheral neuropathy of the lower extremities and mixed hearing loss of the right ear as secondary to service-connected diabetes mellitus.

The Board has determined that the veteran's bilateral pes planus does not meet or approximate the criteria for a disability evaluation in excess of 30 percent, as there is no objective evidence of pronounced flatfeet with marked pronation, inward displacement, and severe spasm of the tendo Achilles upon manipulation.

The Board has determined that a rating in excess of 10 percent is not warranted for the veteran's bilateral pes planus, as the disability picture presented by the objective evidence in the record is one of no more than moderate pes planus.

The Board has determined that new and material evidence was not received to reopen the claim for service connection for a left foot disability. The veteran's current left foot disability is not related to any incident of service.

The Board has determined that the veteran's bilateral plantar calluses and plantar fasciitis are related to his service, resolving all reasonable doubt in favor of the claimant.

The veteran has withdrawn his appeal for the issues of entitlement to service connection for various foot and hip conditions.

The Board has reopened the claim of service connection for a right knee disability as secondary to service-connected right foot disability. The evidence is in relative balance, with the opinion from June 2002 suggesting that the veteran's right knee arthritis may be at least partially due to aggravation by his service-connected right foot disorder. However, there is no current diagnosis of left knee or left foot disabilities related to service-connected right foot disability.

The Board has determined that the veteran's bilateral pes planus does not meet or approximate the criteria for a higher rating than 30 percent.

The Board has determined that the veteran's pre-existing bilateral pes planus was aggravated by his active military service, and thus granted service connection for this condition.

The veteran's claims for service connection for various conditions, including chronic bronchitis, left ankle disorder, gastroenteritis, right heel disorder, pes planus, a disorder of the right index finger; headaches or a right knee disorder, were denied as there is no current diagnosis on file for any of these conditions.

The veteran's appeal of direct service connection for lumbar spine disability has been withdrawn, and the Board has no further jurisdiction in this matter. The case is being remanded to determine if bilateral pes planus was aggravated during service.