Citation Nr: 21010228
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-09 073
DATE: February 24, 2021

ORDER

Entitlement to service connection for tarsal tunnel syndrome of the right lower extremity is granted.  

Entitlement to a separate evaluation for right foot neurological impairment due to the right achilles tendonitis (“right foot neurological impairment”) is denied.

FINDINGS OF FACT

1. The right tarsal tunnel syndrome started in service.  

2. The Veteran does not have a separate neurological impairment of the right foot secondary to the right achilles tendonitis. 

CONCLUSIONS OF LAW

1. The criteria for service connection for tarsal tunnel syndrome of the right lower extremity have been met.  38 U.S.C. § 1110; 38 C.F.R. § 3.303.  

2. The criteria for a separate evaluation for right foot neurological impairment have not been met.  38 U.S.C. § 1155; 38 C.F.R. § 4.124a.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from February 1998 to October 2002.

The Veteran presented testimony at a hearing before the undersigned in May 2019.  

This case was remanded by the Board in November 2019.

1. Tarsal Tunnel Syndrome

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active duty or active duty for training or for disability resulting from injury incurred in or aggravated by inactive duty for training.  38 U.S.C. §§ 1110; 38 C.F.R. § 3.303.

The record indicates that the Veteran was diagnosed with right tarsal tunnel syndrome in January 2002.  Post-service records also reveal diagnosis of right tarsal tunnel syndrome.  Although September 2013 electrodiagnostic studies was negative for tarsal tunnel syndrome, the treating podiatrist still believed the Veteran had tarsal tunnel syndrome and subsequent records reveal diagnosis of tarsal tunnel syndrome.  

Resolving all doubt in favor of the Veteran, the Board finds the current tarsal tunnel syndrome of the right lower extremity was incurred in service. Thus, service connection is warranted.  

2. Right Foot Neurological Impairment

In November 2019, the Board decided a claim for increased rating for right foot tendonitis, achilles and remanded a claim for entitlement to a separate rating for any neurological impairment associated with the right achilles tendonitis.  

The record indicates that service connection is in effect for radiculopathy of the right lower extremity and tarsal tunnel syndrome of the right lower extremity.  There is no clinical indication that the right achilles tendonitis results in neurological deficit that could warrant an additional separate rating; rather, the reported symptoms are contemplated by these conditions.  Thus, the Board finds a separate rating is not warranted.   

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Snyder, counsel

The Board’s decision in this case is binding only with respect to the instant matter decided.  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.