Foot (incl. plantar fasciitis, flat feet) decisions — 2013

The Board denied the Veteran's claim for an earlier effective date for a 10% rating for bilateral pes planus, finding that no increase in severity of the condition occurred within one year prior to September 7, 2011.

The Veteran's claims for PTSD and bilateral pes planus are being remanded due to his failure to appear at a previously scheduled hearing, and he has requested a new hearing and transfer of his file.

The Veteran's claim of entitlement to service connection for bilateral hearing loss, low back disability, and bilateral foot disability was denied. The Board found that the Veteran does not have sufficient hearing loss in either ear to be considered a ratable disability.

The Board has remanded the case for additional development and clarification of the severity of the appellant's service-connected conditions, including gastroesophageal reflux disease (GERD) with hiatal hernia. The claims are to be readjudicated after all necessary actions have been taken.

The Board denied the Veteran's request to reopen his claim for service connection of a right foot disability due to lack of new and material evidence.

The Veteran's bilateral foot disorder and acquired psychiatric disorder were not found to be related to service or secondary to service-connected disabilities.,Both conditions are presumed to have been caused by the Veteran's military service.

The Veteran was granted service connection for various disabilities, but only received noncompensable ratings.,A 10 percent initial rating was assigned for hemorrhoids.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability due to a surgical procedure on the left foot at the Philadelphia VA Medical Center in May 1998 was denied as there is no evidence showing that his current condition resulted from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA health care providers who provided care throughout the course of the surgery and postoperative healing.

The Board has determined that the Veteran's right and left knee disorders, including patellar chondromalacia and DJD, as well as his bilateral foot disorder, including plantar fasciitis and DJD of the right great toe, are service-connected due to aggravation beyond their natural progression by in-service physical activities.

The Veteran's claims for service connection for HPV II, and initial ratings for her left shoulder disability, bilateral pes planus with plantar fasciitis, postoperative residuals of bunionectomy on the first metatarsal of each foot were denied. The appeal was reopened due to new evidence provided.

The Board has remanded the claims for service connection for right shoulder, right knee and bilateral foot disabilities to allow for additional development.

The Board has remanded the case for scheduling an in-person hearing due to audio distortions and lost recordings of a previous videoconference hearing.

The Veteran's claims for increased ratings for his service-connected foot disabilities are being remanded to obtain additional VA treatment records and an addendum opinion addressing the relationship between his nonservice-connected plantar fasciitis and his service-connected disabilities.

The Veteran's combined rating for his service-connected bilateral foot disabilities is 60%, which meets the threshold criteria for TDIU. However, the preponderance of evidence does not support a finding that he is unable to secure or follow substantially gainful employment due to these conditions.

The Board found that the Veteran's bilateral pes planus is likely related to his period of active service and granted service connection for this condition.

The Board has determined that the Veteran's current left foot plantar fasciitis was not incurred or aggravated by active service and thus denied his claim for service connection.

The Veteran's claims for service connection for sleep apnea, increased rating for GERD, and a compensable rating for bilateral foot disability were denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's back disability is not service-connected due to lack of evidence linking it to his military service. His bilateral foot and shoulder disabilities are pending as the evidence is insufficient to determine their connection to service.

The Veteran's knee and foot disorders are not rated higher than the current 10 percent ratings due to lack of evidence showing more severe impairment.

The Veteran's claims regarding cellulitis, earlier effective date for diabetes mellitus, reopening of hypertension claim, diabetic retinopathy, and right foot disability are dismissed. The Veteran's claim for increased rating for diabetes mellitus is granted with a 20% rating. The initial ratings for cataracts and CVA remain at noncompensable until February 18, 2005, and 10%, respectively.