Foot (incl. plantar fasciitis, flat feet) decisions — 2020

The Board has remanded the claims for specially adapted housing and special home adaptation grant due to pending increased rating claims. The Veteran's service-connected disabilities are being evaluated in detail, including their impact on his ability to use a wheelchair or other assistive devices.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's left foot disability, finding that there was insufficient evidence to show it was proximately caused by carelessness, negligence or lack of proper skill on part of VA medical personnel involved in his surgeries.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected bilateral pes planus did not meet the schedular criteria and there was no evidence that he could secure and follow substantially gainful employment due to his disabilities.

The Veteran's service-connected lumbar strain, right foot strain, and neuritis of the right plantar foot are not sufficient to meet the schedular requirements for a TDIU. However, there is evidence that he is unemployable due to these disabilities. The Board finds further development necessary, including a VA examination and referral to the Director of Compensation Services for an extraschedular rating under 38 C.F.R. § 4.16(b).

The Veteran's appeal is being remanded due to the need for a new VA examination and opinion regarding her eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only. The matter will be reconsidered based on the results of this new examination.

The Board has dismissed the appeals due to the Veteran's death, and no jurisdiction remains for these claims.

Service connection is granted for dysthymic disorder, right elbow disability, bilateral foot disability (plantar warts), and right shoulder disability.,Service connection is denied for left shoulder disability.

The Veteran's claim for a higher initial evaluation of 30 percent for bilateral pes planus is denied. The claim for a temporary total disability rating for bilateral pes planus due to treatment requiring convalescence from March 1, 2016 to March 31, 2016 is granted. The Veteran's claim for TDIU based on service-connected disability is also denied.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for a right knee disability and bilateral pes planus and plantar fasciitis, as there are outstanding VA and private treatment records that need to be obtained.

The Board has remanded the Veteran's claims for an increased evaluation and to establish service connection due to insufficient evidence in some cases, including lack of x-ray reports. The Veteran is also being asked to provide additional information regarding his TDIU claim.

The Board has remanded the Veteran's claims for service connection for various joint disabilities due to inadequate examination and development of records. The issues include right elbow, left elbow, right wrist, left wrist, right knee, left knee, right foot, left foot, and right ankle disabilities.

The Board has remanded the cases of bilateral plantar warts and a neck disability due to inadequate medical opinions. The Veteran's service connection claims for these conditions are being reviewed again.

The Veteran's right foot plantar fasciitis was initially granted service connection and rated at noncompensable prior to June 18, 2014. From that date forward, the condition has been rated at 20 percent.

The Board has determined that there are outstanding treatment records not currently associated with the claims file, and therefore, the issues of service connection for bowel disability, neck disability, spinal curvature, shoulder disability, head tremors, acquired psychiatric disorder, flat feet, and right pinky finger disability are being remanded to obtain these records.

The Veteran's bilateral pes planus was rated at 50% since January 3, 2020. The appeal for a higher rating is denied.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as well as any secondary service connection claims related to sinusitis, rhinitis, and pes planus. The decision is based on the need for a new VA medical opinion due to concerns about the adequacy of the previous opinion.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and determining whether he is entitled to a compensable rating for right foot pes planus.

The Board has remanded the claims for increased ratings for various service-connected disabilities, including right shoulder DJD, thoracolumbar spine DJD, cervical spine DJD, left index finger fracture, and right foot plantar fasciitis. The Veteran's claim of osteopenia/osteoporosis was vacated by a Joint Motion and remanded for further development.

The Board has determined that the VA examiner did not address all diagnosed left foot conditions during the appeal period, and thus an additional remand is necessary to obtain a new opinion.

The Board has remanded the cases due to inadequate etiology opinions regarding the Veteran's bilateral leg neuropathy and pes planus. The case will be returned for further development.