Citation Nr: 21016019 Decision Date: 03/19/21 Archive Date: 03/19/21 DOCKET NO. 17-67 288 DATE: March 19, 2021 ORDER An increased initial disability rating of 50 percent for bilateral pes planus is granted. VETERAN’S CONTENTIONS The Veteran contends that he is entitled to a rating in excess of 30 percent for his bilateral pes planus disability. Specifically, the Veteran stated that his bilateral pes planus disability caused him moderate to severe foot pain. See July 2016 VA Examination. The Veteran also reported that his ankles swelled often and that working on his feet all day aggravated his foot and ankle pain. See August 2016 VA Treatment Record. Lastly, the Veteran reported that his orthopedic inserts for his shoes did not alleviate his foot pain. See September 2020 Board Hearing Trans. p. 4. FINDINGS OF FACT 1. A July 2016 VA examiner noted that the Veteran reported moderate to severe foot pain and swollen ankles. See July 2016 VA Examination. The examiner characterized the Veteran’s bilateral pes planus as manifested by objective evidence of marked pronation, pain on manipulation and use, accentuated indication of swelling on use, and characteristic callosities. Id. Also, the examiner observed inward bowing of the Achilles tendon. Id. The examiner noted that there were no indications of marked displacement or severe spasms of the Achilles tendon. Id. 2. During the September 2020 Board hearing, the Veteran credibly and competently testified as to his pes planus pain, functional limitations, and feet swelling. In regard to pain, the Veteran stated that pain limited his ability to walk and complete everyday tasks. See September 2020 Board Hearing Trans. p. 6. The Veteran stated that even at work, which he did primarily in a seated position, he had to take off his shoes and socks to rub his feet due to pain. Id. The Veteran also testified that his orthopedic inserts do not alleviate his pain. Id. at 4. 3. When considering flare ups, throughout the claim period, despite orthopedic shoes, the severity of the bilateral pes planus disability is best characterized as pronounced, with signs and symptoms including marked pronation of the Veteran's feet, extreme tenderness of plantar surfaces. CONCLUSION OF LAW The criteria for an initial 50 percent disability rating for bilateral pes planus are met throughout the appeal period. 38 U.S.C. §§ 1155, 5103, 5107; 38 C.F.R. § 4.71a, Diagnostic Code 5276. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1980 to May 1982. This matter comes before the Board of Veteran’s Appeal (Board) on appeal from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). An initial increased disability rating of 50 percent for bilateral pes planus is granted for the entire claim period. The Veteran's bilateral pes planus is currently rated as 30 percent disabling. This rating was assigned pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5276. A 50 percent rating is the highest schedular rating under Diagnostic Code 5276. To warrant such a rating, a Veteran's bilateral pes planus must be pronounced with marked pronation, with such features as: extreme tenderness of plantar surfaces of the feet; marked inward displacement and severe spasm of the Achilles tendon on manipulation; and not improved by orthopedic shoes or appliances. As discussed above in the Findings of Fact section, the Board finds that throughout the claim period a higher rating of 50 percent is warranted. Specifically, the July 2016 examiner noted that the Veteran marked pronation and inward bowing of the Achilles tendon. Further, the Veteran testified that his feet caused him a lot of pain and he could not walk for prolonged periods of time. See September 2020 Board Hearing Trans. p. 3. Moreover, the Veteran testified that his orthopedic inserts did not help alleviate the pain in his feet. Id. In sum, the Board finds that with consideration of flare ups, a 50 percent rating is warranted. However, a rating in excess of 50 percent is not warranted because he is hereby awarded the maximum schedular rating for bilateral pes planus. 38 C.F.R. § 4.71a, Diagnostic Code 5276. S.C. Krembs Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.Foster 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.