Foot (incl. plantar fasciitis, flat feet) decisions — 2016

The Veteran's claim for service connection for sleep apnea has been reopened, but remains denied. His initial compensable rating for excision of a corn with distal phalangectomy of the right 5th toe was denied. The reduction in his rating for bilateral pes planus from 30 percent to 10 percent is upheld.

The Veteran's claim for DEA benefits was denied because his service-connected disabilities did not meet the requirement of permanent and total disability. The RO proposed to reduce his 100 percent rating for depressive disorder, but a TDIU rating has been granted. The case is being remanded to determine if the current severity of his service-connected disabilities are reasonably certain to continue throughout his life.

The Veteran's appeal is being remanded to obtain missing VA records and for a VA examination. The issues are whether the Veteran has current right ankle, right knee, and right foot disabilities that had onset in-service or are otherwise etiologically related to active military service.

The Board dismissed the appeal as to the issue of entitlement to a rating in excess of 50 percent for bilateral pes planus with Achilles and posterior tibial tendonitis due to invalid jurisdiction over this claim at the time of the March 2009 decision.

The Veteran's appeal is being remanded for a new VA examination to determine the nature and etiology of all currently or previously diagnosed foot disorders, including bilateral pes planus, hallux valgus, retrocalcaneal spurs, and hammer toes. The examiner should separately identify each non-service connected foot disability found and provide an opinion as to whether it is at least as likely as not related to the Veteran's active military service or caused by any other currently or previously diagnosed foot disorder.

The Board has denied the Veteran's claims of service connection for a right ankle disability, left ankle disability, and lumbar spine strain due to inadequate examination reports. The claim for plantar fasciitis remains pending.

The Veteran's claims for a compensable rating for complete resection of a mediastinal mass (claimed as Hodgkin's disease) and a schedular rating in excess of 50 percent for bilateral flat feet have been denied. The Veteran is currently receiving the maximum schedular ratings available.

The Veteran's bilateral pes planus with plantar fasciitis is currently rated at 50 percent from March 15, 2015. The appeal has been denied as there is no evidence of marked deformity or severe spasm of the Achilles tendon on manipulation.,Prior to March 15, 2015, the Veteran's bilateral pes planus with plantar fasciitis was rated at 30 percent from August 30, 2012 and 10 percent from July 24, 2011 to August 29, 2012.

The Veteran's claim for an increased rating for bilateral pes planus was denied, as the evidence did not meet the criteria for a higher rating. The claims for service connection for scars of the elbows and knees and recurrent neck pain were also denied.

The Board found that the Veteran's preexisting bilateral flat feet condition clearly and unmistakably existed prior to service, and was not aggravated by service. The VA examiner concluded that there was no aggravation during service.

The Veteran's appeal regarding the issues of bilateral hearing loss, bilateral wrist disability, sleep apnea, and residuals of meningitis has been withdrawn.,The Veteran's bilateral pes planus clearly and unmistakably pre-existed active duty service and was not incurred or aggravated by such service.

The Veteran's appeal is denied as her service connection claims for foot disability, rheumatoid arthritis, obstructive sleep apnea, hypertension, respiratory disorder, and diabetes mellitus are not supported by the evidence of record.

The Board has decided that the claims of entitlement to service connection for right ankle, bilateral knee, bilateral foot, and back disabilities must be remanded due to the need for additional development.

The Board denied service connection for bilateral pes planus and cardiovascular disorder, finding that the pre-existing conditions did not worsen during reserve service or are otherwise related to service.

The Veteran seeks payment of a clothing allowance for the 2014 application year due to wearing a brace on his right knee. The AOJ denied entitlement because he is not entitled to service connection for a knee disability, but he is entitled to service connection for pes planus with genu valgum.

The Board has remanded the case for scheduling a videoconference hearing due to the appellant's request and is not making any determination on the merits of her claims.

The Board has remanded the case for further examination and to determine if the Veteran's right foot disabilities are caused or aggravated by his service-connected left foot disability.

The Veteran's service-connected disabilities do not permit vocational rehabilitation training or lead to successful employment, and the necessary steps towards receiving Chapter 31 vocational rehabilitation benefits have not been taken.

The Board found that the Veteran's pes planus was noted at entry into service and did not increase in severity during service, thus denying service connection for this condition. The thoracolumbar spine disability is also denied as it is considered a direct result of the pes planus.

The Veteran's appeal is being remanded for further action, including scheduling a hearing. The claims of increased evaluations and effective date are pending.