Foot (incl. plantar fasciitis, flat feet) decisions — 2011

The Veteran's claim for service connection for a neck disorder was not granted.,For gastroesophageal reflux disease, the Veteran received a staged 10 percent evaluation beginning August 23, 2008. The Board found that prior to this date, he did not meet the criteria for a higher rating.

The Veteran's service-connected disabilities (bilateral pes planus, bilateral tinea pedis, and major depressive disorder with features of dysthymic disorder) do not preclude him from obtaining and maintaining substantially gainful employment. Therefore, his claim for a TDIU is denied.

The Veteran's left foot disability, including calcaneal spurs, pes planus, plantar fasciitis, metatarsalgia and second toe hammertoe, has been rated as 20 percent disabling since August 22, 2003. The effective date for this rating is not specified in the decision.

The Board found that the Veteran's currently present bilateral flat feet were not incurred in or aggravated by active service.

The Veteran's pre-existing bilateral pes planus was not aggravated by service, and the Board denied his claim for service connection.

The Veteran's service-connected right knee disability is currently rated as 10 percent disabling, and his left knee disability is also rated as 10 percent disabling. The Veteran contends that these disabilities are more severe than the current ratings suggest.,The Veteran has not provided any evidence to support a higher rating for either of his knee disabilities.

The Veteran's back disability is rated at 40 percent, and he has a separate 20 percent rating for neurological impairment of the right lower extremity. The other conditions are not rated higher.

The Board has granted the Veteran's claims for service connection in full, including reopening of previously denied claims and granting new evaluations.

The Veteran's claims for service connection and increased rating for bilateral pes planus with posterior heel spurs, as well as secondary service connection for a low back disability, were denied. The Board found no evidence of an in-service elbow injury or disease, thus denying the claim for service connection for a bilateral elbow disability. For the bilateral pes planus with posterior heel spurs, the Veteran's symptoms are currently manifested by moderate symptoms including pain on use of the feet without characteristic callosities or marked deformity, warranting a 10% rating.

The Board has determined that the appellant's appeal for service connection for pes planus is dismissed as no timely Substantive Appeal was filed.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran seeks an extension of the convalescent rating to August 18, 2009. The RO granted a temporary total disability for three months from April 1, 2009, to June 30, 2009. However, it is unclear if regular weight-bearing was prohibited after June 30, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling VA examinations to address the nature and etiology of his claimed disabilities.

The Veteran's gastroesophageal hiatal hernia with reflux esophagitis is rated at 30 percent, warranting a higher rating than the current 10 percent. The right foot disability claim was not addressed as it does not appear to be part of the appeal.

The Board denied the Veteran's claims for service connection for bilateral plantar warts and pes planus (claimed as flat feet). The Board found that the current disabilities were not incurred in or aggravated by military service.

The Board found that the Veteran's pre-existing left foot disability was not aggravated by his military service, and thus denied his claim for service connection.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Veteran's claim for service connection for bilateral hearing loss was denied as he does not have a current disability. The TDIU claim is remanded due to inadequate examination.

The Veteran's claims for service connection for a left foot disability and migraine headaches were denied on the merits in January 1988. No new evidence was received to reopen these claims, and the Board finds no material evidence that would support granting service connection.

The Board found that the criteria for separate evaluations of 30 percent for each foot were not met during the period from January 12, 1998 until May 21, 2001. The Veteran's appeal was denied as his claim did not meet the required criteria for a higher rating.