Foot (incl. plantar fasciitis, flat feet) decisions — 2019

The Board denied service connection for left and right foot disabilities, as well as left and right knee disabilities. The Veteran's preexisting flat feet were not aggravated by service, and his current symptoms are attributable to intercurrent causes.

The Board denied reopening the Veteran's claims for service connection for residuals of a low back injury, bilateral pes planus, and urethritis due to lack of new and material evidence.

The Board denied the Veteran's claims for earlier effective dates for a 30% rating for pes planus and SMC based on housebound status, finding no clear undebatable error in the original decisions.

The Board finds that there are pre-decisional duty to assist errors and the issues must be remanded back to the Agency of Original Jurisdiction for supplemental opinions.

The Veteran's claim for service connection for osteopenia was denied. The Board found that osteopenia alone is not a disability warranting VA compensation benefits and there was no underlying disease or injury to which the osteopenia could be related. The claims for increased ratings were remanded due to incomplete examination reports.

The Board has decided to remand several claims due to the addition of new VA treatment records, which were not reviewed by the AOJ. The Veteran's right ankle strain claim also requires an updated examination as his symptoms may have worsened since the last evaluation in March 2015.

The Veteran's claim for service connection for hearing loss is denied as there is no current diagnosis of hearing loss that meets VA criteria.,The Veteran's claim for an initial rating in excess of 10 percent for bilateral flat feet remains in appellate status and requires further development due to the need for a supplemental examination.,The Veteran's claim for service connection for lumbar strain (low back condition) is remanded as the VA examiner did not adequately address potential contributory factors from a motor vehicle accident during service.,The Veteran's claim for service connection for an acquired psychiatric disorder to include PTSD, anxiety and depression remains in appellate status and requires further development due to the need for a supplemental examination.

The Veteran's claim for a low back disability and TMJ was reopened, with the new evidence showing diagnoses of low back pain and TMJ. The Veteran's bilateral hearing loss is service-connected as it is at least as likely as not due to her service-connected vertigo.,The Veteran's DDD of the cervical spine has been granted a 30% disability rating, which is the maximum schedular rating available under VA regulations.

The Board has remanded the case due to inconsistencies in the August 2017 VA examination report and the need for further clarification on whether the Veteran's left foot pain causes functional impairment related to his service. The examiner is also requested to provide an opinion regarding secondary service connection due to his right knee disability.

The Veteran's prostate cancer was not incurred or aggravated by service, and the Board denied his claim for service connection. The appeal is also remanded for further examination regarding special monthly compensation based on need for aid and attendance/housebound.

The Veteran's service connection claims for bilateral flat feet, unspecified anxiety disorder with posttraumatic stress disorder (psychiatric disability), migraine headaches, and kidney disability have been granted. The claim for acne was denied. Effective November 17, 2015, the Veteran is now receiving a 70 percent rating for his psychiatric disability.

The Board dismissed the Veteran's claim for service connection for COPD as he withdrew his appeal.,The Veteran's claims for service connection for low back strain and a heart condition, as well as pes planus, were granted. Service connection was also denied for hyperlipidemia.

The Veteran's tinnitus is granted as service connected. The cases of left knee, right knee, and right foot disabilities are remanded for further development. Service connection for an acquired psychiatric disability (claimed as PTSD) remains in dispute.

The Board has remanded the appellant's claims for bilateral hearing loss, tinnitus, eye disability, skin disability (pseudofolliculitis barbae), sleep apnea, hypercholesterolemia, heart disability, COPD, lung disability other than COPD, diabetes mellitus, type II, hernia, low back disability, left knee disability, right knee disability, left foot disability, and right foot disability. The claims are remanded due to the need for additional medical examinations and records.

The Veteran's appeals for increased ratings and an effective date have been dismissed as he has withdrawn his appeal.

The Veteran's bilateral pes planus disability is rated at 30 percent prior to January 23, 2015 and 30 percent thereafter. The Board has found that a higher rating for the period before January 23, 2015 is not warranted due to lack of evidence showing pronounced bilateral flatfoot. For the period after January 23, 2015, the Veteran's disability picture does not more nearly approximate a higher rating based on functional loss or flare-ups with limitation of motion.

The Board has remanded the Veteran's claims for an initial compensable rating for plantar fasciitis, DJD and calcaneal spurs of the right foot from August 31, 2010 to March 22, 2011; and for bilateral plantar fasciitis, DJD and calcaneal spurs from March 22, 2011 to February 28, 2014. The remand is due to the inadequacy of a previous VA examination report.

The Veteran's service-connected disabilities, including PTSD, dysarthria, right knee degenerative joint disease, and bilateral pes planus, are deemed to be of sufficient severity to render him practically unemployable. As a result, the Board has granted total disability based upon individual unemployability (TDIU).

The Board has determined that the Veteran's service treatment records are incomplete and has ordered a remand to obtain additional VA medical records. The Board also ordered VA examinations to determine if the Veteran has each of his claimed disabilities, including whether any preexisting conditions were aggravated by service.

The Veteran's appeal is being remanded for further development, including an updated VA examination and a statement of the case addressing the propriety of reducing his bilateral pes planus rating from 50 percent to 10 percent effective February 1, 2013. The claim for individual unemployability will also be addressed.