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

The Board denied increased evaluations for tinnitus, bilateral plantar fasciitis, mechanical low back pain as a result of disc degeneration, and bilateral hearing loss. The highest possible rating (10%) was already assigned for the veteran's tinnitus.

The veteran's bilateral pes planus with plantar fasciitis and headaches have been granted initial noncompensable ratings, effective December 2003. The Board finds that the veteran's bilateral pes planus disability more closely approximates the criteria for a 10 percent disability rating during the entire appeal period.

The Board has ordered additional development to obtain the veteran's service medical records and other pertinent treatment records. The case will be reviewed again after all requested information is obtained.

The veteran's claims for increased evaluations of his service-connected bilateral flat feet and facial scar were denied by the RO.

The Board has remanded the case for additional development due to inadequate reasons and bases provided in the October 2006 decision regarding service connection for pes planus. The issue of entitlement to service connection for malaria remains pending, but requires further examination and review.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of service connection due to lack of proximate causation.

The Board has dismissed the issue of entitlement to service connection for bilateral pes planus. The veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied as there is no current disability related to service by competent medical evidence.

The Board has denied the veteran's claims for service connection for residuals of a right ankle sprain, gastritis, and dental trauma. The preponderance of evidence does not support the existence of these conditions.

The veteran's pes planus and degenerative changes of the left and right knees are found to be related to service, with pes planus being granted as well as secondary service connection for the knees.

The Board has granted increased ratings for the veteran's service-connected disabilities, effective June 30, 2005. The effective dates sought by the veteran were not granted as they are deemed factually ascertainable.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back or foot disorders, including whether they are related to service. The veteran's claim will be remanded for this purpose.

The Board denied a disability rating in excess of 10 percent for the veteran's service-connected bilateral pes planus prior to August 17, 2006.

The Board denied increased ratings for the veteran's service-connected hammertoes of both feet, finding that the evidence did not meet the criteria for a higher rating.

The veteran's claims for service connection, increased evaluations, and a total rating for compensation purposes based on individual unemployability were denied. The Board found that chronic bilateral hearing loss disability was not shown during active service or at any time thereafter, and the veteran's right lower extremity myopathy with muscle atrophy and weakness is rated 40 percent disabling under Diagnostic Codes 8010 and 8520.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and an increased rating for pes cavus, left foot with calcaneal spur. The veteran's knee conditions are not presumed to have been incurred in service due to lack of evidence showing arthritis within one year post-service discharge. For his left foot condition, the Board found no evidence supporting a finding that it was related to service.

The Board granted a 20 percent evaluation for the veteran's service-connected bilateral plantar fasciitis, effective October 23, 2006. Prior to this date, the disability was rated at 10 percent.

The Board has granted a 50 percent disability rating for the veteran's service-connected bilateral pes planus, which is currently rated at 30 percent. The decision also grants TDIU based on the veteran's service-connected bilateral pes planus.

The veteran's appeal is remanded due to the need for new VCAA notification, additional treatment records from VA, and a VA examination.

The Board has remanded the case due to inadequate notice and failure to obtain all relevant service treatment records.

The Board found that the evidence submitted since the July 2004 final decision is not new and material, thus denying the veteran's request to reopen his claim for service connection for pes planus.