Foot (incl. plantar fasciitis, flat feet) decisions — 2009

The Board found that the Veteran's service-connected corneal abrasion of the left eye and bilateral pes planus did not warrant an increased rating at any point during the appeal period.

The Veteran's bilateral pes planus has been manifested by subjective complaints of pain, with objective evidence of mild to moderate deformity and swelling. The Board finds that the criteria for a rating in excess of 10 percent have not been met for the period from January 21, 2003 through August 25, 2008, while the criteria for a rating in excess of 30 percent have not been met for the period from August 26, 2008 onwards.

The Board denied the Veteran's claims for service connection for various conditions, including malaria, left wrist disability, fungal infection, and a snake bite. The issues of reopening these claims were addressed, but no new evidence was submitted to reopen them.

The Veteran's appeal is being remanded for a Travel Board hearing. The evaluation of his service-connected plantar fasciitis of the right foot remains unchanged.

The Board has remanded the case to the RO for a Travel Board hearing and further development.

The Veteran's claims for increased ratings and service connection were denied. The cervical spine disability was rated as 10 percent, the right ankle disability was rated as 20 percent effective May 23, 2008, and the flat feet claim was not reopened.

The Board found that the Veteran's pre-existing bilateral pes planus did not worsen during service and there is no current diagnosis of the condition. Therefore, the claim for service connection was denied.

The Board denied service connection for bilateral pes planus in May 2003, finding that the preponderance of evidence did not show an increase in severity during service. The Veteran has submitted new and material evidence showing worsening of his disability while in service, raising a reasonable possibility of substantiating the claim.

The Veteran's bilateral pes planus disability has been rated at 10 percent since January 27, 2005.

The Veteran's service-connected dorsal osteophyte resection of the right foot, associated with a stress fracture and plantar fasciitis, has been rated at 10 percent since December 8, 2008.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Veteran's appeal includes claims for various disabilities, all of which are secondary to his right knee disability. The Board has determined that further development is needed and the case is being remanded.

The Veteran's claim for an increased evaluation of his service-connected bilateral plantar warts was denied by the Board. The current assigned disability rating is 30 percent.

The Veteran's bilateral plantar fasciitis, left bunionectomy with degenerative disease, and right bunionectomy with degenerative changes are each rated at the minimum 10 percent level. The Board finds that these ratings adequately reflect the severity of his service-connected conditions.

The Board found that the submitted evidence did not relate to an unestablished fact necessary to substantiate the claim of service connection for bilateral pes planus with plantar fasciitis, and thus denied the reopening of this claim.

The Veteran's claims for increased evaluations and service connection were denied. The claim to reopen a right shoulder disability was also denied.

The Board has determined that the Veteran does not have a current diagnosis of any skin, right foot, or bilateral knee disability and therefore service connection cannot be granted for these conditions.

The Veteran's left foot disability is currently rated at 20 percent, and the Board has determined that a 30 percent rating is warranted based on severe impairment of the foot.

The Board has remanded the case due to incomplete notification and development under VCAA, as well as the need for an examination regarding aggravation of left foot plantar fasciitis by right foot plantar fasciitis.

The Board found that the Veteran's bilateral pes planus, with pain and deformities but no severe inward displacement or spasm of the Achilles tendon, does not warrant a higher rating than 30 percent.