Citation Nr: 18147979 Decision Date: 11/07/18 Archive Date: 11/06/18 DOCKET NO. 16-60 164 DATE: November 7, 2018 ORDER Entitlement to an effective date earlier than April 16, 2015 for the assignment of a disability rating of 20 percent for right foot plantar fasciitis is denied. Entitlement to an effective date earlier than April 16, 2015 for the assignment of a disability rating of 20 percent for left foot plantar fasciitis is denied. FINDINGS OF FACT 1. The Veteran filed an increased rating claim for his right foot condition on April 16, 2015, and the weight of the evidence does not establish that the Veteran met the criteria for a 20 percent disability rating between April 16, 2014 and April 15, 2015. 2. The Veteran filed an increased rating claim for his left foot condition on April 16, 2015, and the weight of the evidence does not establish that the Veteran met the criteria for a 20 percent disability rating between April 16, 2014 and April 15, 2015. CONCLUSIONS OF LAW 1. The criteria for entitlement to an effective date earlier than April 16, 2015 for the assignment of a disability rating of 20 percent for right foot plantar fasciitis have not been met. 38 U.S.C. §§ 501, 7105(d) (2012); 38 C.F.R. §§ 3.156, 3.400 (2018). 2. The criteria for entitlement to an effective date earlier than April 16, 2015 for the assignment of a disability rating of 20 percent for left foot plantar fasciitis have not been met. 38 U.S.C. §§ 501, 7105(d) (2012); 38 C.F.R. §§ 3.156, 3.400 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from February 2003 to February 2007. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. The Veteran was informed of his right to a personal hearing before the Board, but he did not request a Board hearing. The Board notes that the Veteran also initiated appeals of previously denied claims for service connection for a low back disorder and an acquired psychiatric disorder in a June 2015 rating decision. However, ratings in March 2018 and March 2017, respectively, granted the claims. Therefore, the Veteran has been granted his full prayers of relief, and the Board shall not address these matters any further. The Board also notes that the Veteran also appealed the issue of entitlement to an effective date earlier than April 16, 2015 for the grant of service connection for an acquired psychiatric disorder. A statement of the case was issued in response to the Veteran’s notice of disagreement (NOD) in December 2017. The Veteran failed to file a timely substantive appeal to the Board, and, therefore, the Board shall not address this issue any further. Entitlement to effective dates earlier than April 16, 2015 for the assignment of disability ratings of 20 percent for the Veteran’s service-connected left and right plantar fasciitis. At issue is whether the Veteran is entitled to effective dates earlier than April 16, 2015 for the assignment of disability ratings of 20 percent for his left and right plantar fasciitis. The weight of the evidence indicates that the Veteran is not entitled to earlier effective dates for the assignment of the disability ratings. The Veteran first filed for service connection in October 2006, and, in a March 2007 rating decision, the RO granted service connection for left and right plantar fasciitis and assigned a disability rating of 10 percent for each foot effective the day after separation from service. The Veteran filed an increased rating claim on April 16, 2015, and, in a June 2015 rating decision, the RO increased the Veteran’s disability ratings to 20 percent effective the date the increased rating claim was received, April 16, 2015. The Veteran appealed. The Board notes that the Veteran suggested in his July 2015 NOD that his increased rating claim was submitted in May 2014. The Board notes that the record indicates that the Veteran did file a claim for other conditions in May 2014, but this documentation does not contain an increased rating claim for a unilateral or bilateral foot disability. Except as otherwise provided, the effective date of an evaluation and award of compensation will be the date of receipt of the claim or the date entitlement arose, whichever is the later. If it is factually ascertainable that a disability increased in severity within one year prior to filing the increased rating claim, then the effective date will be the date the criteria for an increased disability were met. If the veteran became entitled to an increased disability rating more than one year prior to the receipt of claim on the other hand, then the effective date will be the date the claim was received. 38 C.F.R. § 3.400. The Board has reviewed the pertinent medical records from the period at issue (from April 16, 2014 to April 15, 2015). Unfortunately, the records do not contain medical evidence demonstrating that it is medically ascertainable that the Veteran’s bilateral plantar fasciitis increased in severity during this period of time. Therefore, the Veteran has already been assigned the earliest possible effective date. Here, the weight of the probative evidence of record simply fails to demonstrate that the Veteran is entitled to an effective date earlier than April 16, 2015 for the assignment of disability ratings of 20 percent for his bilateral plantar fasciitis. Therefore, the evidence in this case is not so evenly balanced so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such entitlement to effective dates earlier than April 16, 2015 for the assignment of increased disability ratings for the Veteran’s bilateral plantar fasciitis is denied. BARBARA B. COPELAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD David R. Seaton, Associate Counsel