Foot (incl. plantar fasciitis, flat feet) decisions — 2012

The Veteran's appeal involves multiple conditions and their evaluations, with some issues related to hip disability, gout, arthritis, back pain, nerve compression, flat feet, and hypertension. The case is being remanded for a Travel Board hearing.

The Board found that the Veteran's congenital bilateral pes planus was aggravated by active service, and granted service connection for this condition.

The Veteran withdrew his appeals for service connection for diabetes and hypertension, as well as an increased rating for residuals of right hand injury at the August 2011 Board hearing.

The Veteran's appeal is being remanded due to an outstanding Travel Board hearing request. The case will be returned to the Board for further action after a proper hearing is scheduled.

The Board has determined that additional development is needed to ensure all relevant records are considered in the decision on the Veteran's service connection claim for bilateral flat feet with warts.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected bilateral pes planus and its effect on his ability to work, as well as to obtain all pertinent VA medical records since December 2009. The TDIU claim will also be addressed.

The Board finds that the Veteran's bilateral toe disability, GERD, diabetes mellitus, hypertension, and sleep apnea are not service-connected as separate conditions from his service-connected bilateral plantar fasciitis. The appeal is denied.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance or housebound status.

The Board found that a chronic right foot disability, including a 2nd metatarsal fracture, was not manifested during the Veteran's active duty service or incurred or aggravated during any claimed period of ACDUTRA or INACDUTRA.

The Board found that the Veteran's bilateral hearing loss and tinnitus disabilities are not related to his active service, while his right and left foot disabilities were not addressed due to a lack of examination. The appeal is denied for these conditions.

The Veteran's bilateral pes planus with tendency to hammer toe formation was granted a 30 percent evaluation effective September 8, 2011. Service connection for lumbar spine degenerative disc disease with herniated discs was denied as secondary to service-connected bilateral pes planus. The claim for TDIU remains pending.

The Veteran has withdrawn his appeals for increased ratings and service connection claims related to the service-connected residuals of a fracture of the left middle finger, tinnitus, tinea cruris, sebhorrheic dermatitis of the scalp, refractive error, Gulf War illness, left eye cataract, squamous blepharitis, meibomitis, and neurological disorder of the upper extremities.

The Veteran's bilateral pes planus with callosities and metatarsalgia is manifested by complaints of pain and tenderness, with objective evidence of marked deformity. The disability has been rated at 30% since January 1975, and the Board finds that it approximates the criteria for a 50% rating throughout the period on appeal.

The Veteran's current diagnoses of migraine headaches, bilateral arch pain (plantar fasciitis), and testicular pain are all found to be related to his military service.,Service treatment records document the Veteran's complaints of headaches during active duty in Iraq. He was diagnosed with a mild tension headache upon examination in October 2005.

The Board denied the Veteran's claims for service connection for hypertension and an increased rating for bilateral pes planus and plantar fasciitis, finding no new and material evidence to reopen her previously denied claim of hypertension. The Veteran's bilateral pes planus and plantar fasciitis were currently rated as 10 percent disabling.

The Board has granted a 50 percent rating for bilateral pes planus, effective from the date of the decision. The Veteran's left and right ankle disabilities are not rated higher than 20 percent.

The Board has determined that the Veteran's bilateral pes planus did not have its clinical onset in service and is not otherwise related to active duty. Therefore, the claim for service connection for bilateral pes planus was denied.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating as they are rated at 70% combined, but his employment history and education do not support a finding of unemployability.

The Board has determined that the Veteran's preexisting right foot disability, diagnosed as osteomyelitis of the first metatarsal, did not increase in severity beyond its natural progression during service and is therefore not considered aggravated by active duty. As a result, the claim for service connection for this condition cannot be granted.

The Veteran's bilateral foot and knee disabilities have been rated based on their current manifestations, with no additional functional loss due to pain or other factors. The criteria for a higher rating are not met.