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

The Board has determined that the Veteran does not have a hearing loss disability for VA purposes at any time during the pendency of his appeal. The claim of entitlement to service connection for bilateral hearing loss is denied.

The Veteran's claim for service connection of a left foot disability is being remanded due to the need for an examination and opinion regarding the etiology of his claimed condition.

The Board found that the Veteran's current left foot disability is not related to his service, as there was no evidence of a chronic condition during or within one year after service. The VA examiner concluded that the current disability is less likely due to an injury in service.

The Board has granted service connection for bilateral plantar fasciitis, but the Veteran may have other bilateral foot disabilities that are related to service. The issue of service connection for a bilateral foot disability other than plantar fasciitis is remanded.

The Veteran's claim for service connection for a bilateral foot disability, including plantar fasciitis, flat feet, and arthritis is denied as there is no evidence of these conditions during or since his service. The Board finds that the Veteran's current diagnoses are not related to his service.

The Veteran's pes planus with degenerative joint disease was granted a higher initial rating of 30 percent effective June 16, 2009.

The Board has determined that the Veteran's bilateral plantar fasciitis, keratotic lesions of both feet, and fibroma mass of the left foot are related to service and grants service connection for these conditions.

The Veteran withdrew his claim for a higher initial rating in excess of 30 percent for fasciotomy, left foot with plantar fasciitis prior to the Board's decision.

The Board found no clear and unmistakable error in the February 1998 rating decision that denied service connection for bilateral pes planus. The Veteran's claim was not reopened due to lack of new and material evidence, and he did not provide any evidence supporting his current disability.

The Veteran's bilateral hallux valgus and chronic bilateral ankle strain were not incurred in or related to service. The Board found that the conditions are less likely than not caused by or aggravated by his service-connected lumbar spine traumatic arthritis.

The Veteran's service-connected disabilities meet the percentage requirements for a total disability evaluation based on individual unemployability due to his inability to secure or follow substantially gainful employment.

The Veteran's service connection claims for episodic tension headaches, bilateral hearing loss, cervical spine disability, and left foot disability are all granted. The issues of new and material evidence for the same conditions are also granted.

The Board found that the withholding and payment of agent fees to R. Lemley was improper due to non-compliance with VA regulations regarding representation, and thus denied the Veteran's appeal.

The Veteran's service-connected bilateral pes planus does not prevent him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's sleep apnea and migraines are service-connected, with the preponderance of evidence supporting these claims. The remaining leg and foot disorders have not been fully addressed in this decision.

The Veteran's claims for service connection for a bilateral foot disability and skin disability are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's bilateral pes planus with callosities is currently rated at 30 percent, and the Board finds no evidence to warrant a higher rating.

The Veteran's service-connected disabilities (mood disorder, lumbosacral strain, migraines, hepatitis C, right and left foot bunions, and pes planus) do not prevent her from obtaining and maintaining substantially gainful employment.

The Veteran's claim for an increased rating of lumbar spondylosis was denied as the evidence did not show that his disability warranted a higher evaluation.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. A new hearing opportunity should be scheduled for him.