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

The Board found that the Veteran's bilateral pes planus did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's service-connected chondromalacia patella of the left knee status post medial meniscectomy is currently rated at 10 percent, which is the maximum schedular rating under Diagnostic Code 5259. The RO has also granted temporary total disability ratings for surgical treatment and assigned a 10 percent rating effective September 1, 2007. For the period prior to October 9, 2012, the Veteran's carpal tunnel syndromes are rated at 10 percent each. Since October 9, 2012, her right and left carpal tunnel syndromes have been rated at 30 and 20 percent, respectively. The Veteran's bilateral plantar fasciitis has also been rated at 10 percent.

The Veteran's left ankle disability is not service-connected as there was no evidence of a chronic condition in service or within one year thereafter, and the current disability is not related to his military service.,The Veteran's bilateral foot disability is not service-connected as there was no evidence of a chronic condition in service or within one year thereafter, and the current disability is not related to his military service. The examiner opined that it could not be determined without resort to mere speculation whether the Achilles tendonitis is caused by any ankle inversion sprain that occurred in service.

The Veteran's appeals for increased evaluations for his service-connected right foot disability and low back disability have been dismissed due to the withdrawal of the appeal by the Veteran's private attorney.

The Board is remanding the case for a VA examination to determine if the Veteran has lost use of either lower extremity, and whether any bilateral knee, hip, or low back disabilities are proximately due to or aggravated by service-connected lower extremity disabilities. The appeal will be returned to the Board after these determinations.

The Veteran's claim for a higher rating for his bilateral pes planus with hammertoe of the 2nd and 4th toes of each foot was denied as there were no exceptional or unusual factors rendering application of the regular schedular standards inadequate. The Board found that he met the percentage threshold requirements provided in 38 C.F.R. § 4.16(a) for consideration of entitlement to a total rating based on individual unemployability due to his service-connected disabilities, and granted TDIU.

The Veteran's lumbar spine disability and bilateral pes planus have been granted service connection, with the latter receiving a 10% rating effective January 2, 2013.

The Veteran's appeal for an extension of his temporary total rating for convalescence following surgery for service-connected pes planus was denied as there were no severe post-operative residuals to support the extension beyond June 30, 2009.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for service-connected plantar fasciitis, finding that the evidence did not meet the criteria for a higher rating.

The Board finds that the Veteran's bilateral pes planus is as likely as not due to foot trauma sustained during his period of active service in the Marine Corps, and grants service connection for this disability.

The Veteran's appeal has been withdrawn due to his satisfaction with the last rating decision.

The Veteran's service-connected disabilities, including his right ankle sprain and bilateral hip conditions, have rendered him unable to secure or follow substantially gainful employment.

The Board has determined that there is no competent evidence linking the appellant's current right foot disability to his active service, and thus denied the claim for service connection.

The Veteran's appeal is denied as his bilateral foot disability does not meet the criteria for a 50 percent rating.

The Veteran's claims for bilateral knee, foot, and radiculopathy of the right lower extremity disabilities were not addressed in this decision. The low back disability claim was denied for increased evaluations prior to September 10, 2007, and from that date onwards.

The Board denied service connection for bilateral pes planus, low back pain, and hypertension as the Veteran's conditions were not shown to be incurred or aggravated by active duty service.

The Veteran's appeal is being remanded due to the need for additional VA examinations and the provision of recent medical records.

The Board has remanded the case for further development, including obtaining VA treatment records from 1979 to 2006, scheduling a VA examination for the duodenal ulcer with gastroesophageal reflux disease, arranging for an opinion on the etiology of hypertension and pes planus, and providing a VA examination to determine the nature and etiology of any hearing loss and tinnitus.

The Board granted the Veteran's claims for service connection for right foot disability, left foot disability, psychiatric disability other than PTSD, right knee disability, stomach disability, and left shoulder disability. The initial ratings for left knee instability and degenerative joint disease were also granted.

The Board has remanded the case for additional development, including scheduling of a VA examination and addressing specific directives from previous remands.