Citation NR: 9735118 Decision Date: 10/17/97 Archive Date: 10/24/97 DOCKET NO. 96-16 092 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to an increased rating for pes planus, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD E. J. McCafferty INTRODUCTION The veteran had active service from April 1943 to January 1946. Based on the veteran's substantive appeal of December 1994, it appears that the veteran may be seeking service connection for foot disorders, other than pes planus, on the basis of service incurrence; however, such issues have not been developed for appellate review at this time and are referred to the RO for any necessary development. The sole issue properly before the Board at this time is the issue set out on the title page. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that his pes planus has increased in severity and as a result he feels that a higher rating is now warranted. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991 & Supp. 1997), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence is against a grant of an increased rating for pes planus. FINDINGS OF FACT 1. All available evidence necessary for disposition of the appeal has been obtained by the RO. 2. Pes planus is no more than moderate in severity. CONCLUSION OF LAW The criteria for a rating in excess of 10 percent for pes planus have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991 & Supp. 1997); 38 C.F.R. §§ 4.7, 4.71(a), Diagnostic Code 5276 (1996). REASONS AND BASES FOR FINDINGS AND CONCLUSION Criteria The veteran's claim for an increased rating is well grounded and VA's duty to assist the veteran in the development of this claim has been fulfilled. In accordance with 38 C.F.R. §§ 4.1, 4.2 (1996), and Schafrath v. Derwinski, 1 Vet. App. 589 (1991), the Board has reviewed the service medical records and all other evidence of record pertaining to the history of the veteran's pes planus. The Board has found nothing in the historical record which would lead to a conclusion that the current evidence of record is not adequate for rating purposes. Moreover, the Board is of the opinion that this case presents no evidentiary considerations which would warrant a detailed exposition of the remote clinical histories and findings pertaining to the veteran's pes planus. Disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C.A. § 1155; 38 C.F.R. Part 4 (1996). In determining the rating warranted, it is the present level of disability that is of primary concern. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Factual Background Service medical records are negative for any complaints or treatment for pes planus during service; however, secondary pes planus was noted on separation examination. A Board of Veterans' Appeals decision in September 1979 granted service connection for pes planus administratively. A rating action in October 1979 implemented that decision and awarded service connection and assigned a 10 percent rating for pes planus, effective in 1977. On VA examination in October 1989 the examiner found that pes planus was not apparent on examination. VA outpatient treatment records from 1989 onward are negative for any significant findings with respect to pes planus. On VA examination in December 1992, the veteran complained of pain in the feet, but no significant findings with respect to pes planus were reported clinically or on X-ray study. Following the claim for an increased rating received in December 1993, the veteran underwent VA examination in January 1994. On examination, the veteran complained of bilateral foot pain and reported pain on weight bearing and at rest. He also described the burning pain in both feet. On examination the veteran moved about somewhat slowly and was noted to have approximately a Grade I pes planus bilaterally. The ankles had 10 degrees of dorsiflexion and 30 degrees of plantar flexion. No Achilles tendon spasm or displacement was noted. The veteran did have tenderness to palpation of the plantar aspect of both feet. No significant plantar callosity formation was noted. He was also noted to have a mild bunion formation of the left foot which was tender to palpation. He had difficulty with heel and toe walking. He had a two-plus dorsalis pedis pulse in both feet. X-ray study of both feet revealed no gross osseous or joint or soft tissue abnormality. The clinical examiner's impression was pes planus. Analysis The veteran's pes planus is rated as 10 percent disabling under Diagnostic Code 5276 of the VA Schedule for Rating Disabilities. The 10 percent evaluation contemplates moderate pes planus with weight-bearing line over the or medial to the great toe, inward bowing of the tendo achillis, and pain on manipulation and use of the feet. The next higher evaluation of 30 percent requires severe pes planus with objective evidence of marked deformity, pain on manipulation and use accentuated, indication of swelling on use and characteristic callosities. 38 C.F.R. § 4.71(a). The Board notes that the VA outpatient treatment records and VA examination indicate that the veteran has a relatively static pes planus condition. Neither outpatient treatment or examination findings indicate the presence of a severe pes planus upon which entitlement to an increased evaluation could be predicated. The veteran's Grade I pes planus is contemplated in the current 10 percent evaluation. The Board finds no basis upon which to warrant a grant of an evaluation in excess of 10 percent for pes planus. The Board has considered the veteran's complaints in light of the clinical and X-ray findings and finds that the veteran is adequately compensated for his demonstrated level of disability by the current rating. In this regard, no question has been presented as to which of two evaluations would more properly classify the severity of pes planus. 38 C.F.R. § 4.7. For the foregoing reasons, the Board finds that the record does not support a grant of entitlement to an increased rating for pes planus with application of all pertinent criteria. ORDER Entitlement to an increased rating for pes planus is denied. RONALD R. BOSCH Member, Board of Veterans' Appeals NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991 & Supp. 1997), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals. - 2 -