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

The Board has remanded the case for additional development, including obtaining Social Security Administration records and determining whether new and material evidence was received to reopen service connection claims.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition. The Board finds that his previous in-service diagnosis does not meet current criteria for a diagnosis of sleep apnea.

The Board denied the Veteran's claim to reopen his service connection for bilateral pes planus as new and material evidence was not received, despite the Veteran alleging that his condition existed before service.

The Veteran's bilateral plantar fasciitis has been rated at 30 percent since November 6, 2009. The VA examiner found that the disability resulted in moderately severe disability evidenced by limitation of motion, slight edema, tenderness, a guarded gait, pain, and continued use of orthotics.

The Board has determined that the Veteran's bilateral pes planus is causally related to his active service and grants service connection for this condition. The issue of service connection for excessive snoring must be remanded due to incomplete rationale in the VA examination.

The Board found that the Veteran's low back and right foot disabilities did not manifest during service or within one year of discharge, and there was no clear and unmistakable evidence to rebut this presumption. The medical opinions provided by VA examiners were against the claim.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for any of the service-connected disabilities.

The Veteran's service-connected disabilities, including posttraumatic stress disorder and other conditions, render him unemployable due to his cognitive impairments and physical limitations.

The Veteran's bilateral pes planus is currently rated at 10 percent, reflecting moderate disability. The Board finds that the current evaluation adequately addresses the Veteran's symptoms and does not warrant a higher rating.

The Veteran's fibromyalgia was granted service connection, as it manifested to a compensable degree after service and is related to active service.

The Board has granted service connection for degenerative arthritis of the left foot, claimed as secondary to a service connected left knee disorder, and also granted service connection based on aggravation of pre-existing pes planus of the left foot.

The Board has remanded the case for additional development of the record, including obtaining an opinion from a VA examiner regarding the etiology of the Veteran's pes planus and allergies. The issue of service connection for bilateral knee disability is deferred until further notice.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his service-connected bilateral pes planus with plantar fasciitis and associated heel spurs, as well as an evaluation of whether he is unemployable due to this disability. The case will be readjudicated based on the additional evidence.

The Veteran's callosities of the bilateral great toes have been granted an initial rating of 20 percent each, effective from the date of the June 2009 rating decision.

The Board has determined that the Veteran's preexisting bilateral pes planus was aggravated during his service, and therefore grants service connection for this condition. The right leg sciatica is found to be related to the aggravation of the bilateral pes planus.

The Board denied the Veteran's claims for initial ratings in excess of 30 percent for bilateral pes planus and PTSD with history of adjustment disorder with anxiety, finding that his conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The Board is remanding the case to obtain copies of certain correspondence and to attempt to obtain the Veteran's military personnel records, as these may contain information about his physical profile for bilateral pes planus.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal is for an increased rating for his service-connected bilateral pes planus. The RO has granted service connection and assigned a noncompensable initial rating, but the Veteran contends that he should receive a higher rating due to worsening of the condition since the April 2009 VA examination.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining records from his Army Reserve service and considering the applicability of a finality rule.