Citation Nr: 21042126 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 18-06 458 DATE: July 12, 2021 ORDER An initial 30 percent rating for bilateral plantar fasciitis prior to August 17, 2016 is granted. FINDING OF FACT Prior to August 17, 2006, the Veteran's plantar fasciitis manifested in accentuated pain on use which was not relieved by orthotics. CONCLUSION OF LAW The criteria for an initial 30 percent rating for bilateral have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.59, 4.71a, Diagnostic Code 5276. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the U.S. Army from May 2010 to March 2016. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in May 2021. Procedurally, the Veteran was granted service connection for bilateral plantar fasciitis in the April 2016 rating decision and assigned a 0 percent rating effective March 15, 2016. On August 17, 2016, she submitted an "intent to file." In January 2017, she sought "reconsideration" of the rating assigned for her plantar fasciitis, and, specified that she wanted a higher rating. In response, an April 2017 rating decision granted a 50 percent rating effective August 17, 2016. She then filed a notice of disagreement, asserting that the 50 percent rating should have been effective from March 15, 2016. Based on the above, it is reasonable to conclude that the Veteran intended to seek a higher initial rating for her plantar fasciitis based on her request for reconsideration and subsequent notice of disagreement. See Brokowski v. Shinseki, 23 Vet. App. 79 (2009) (a claimant's identification of the benefit sought does not require any technical precision). Therefore, while the claim came before the Board as a request for an earlier effective date, it is more appropriately characterized as entitlement to an initial compensable rating prior to August 17, 2016. From that date, she is assigned the maximum schedular rating. She has not asserted, and the evidence does not otherwise show, that an extraschedular rating is appropriate. The Veteran's plantar fasciitis is rated under 38 C.F.R. § 4.71a, DC 5276. That code provides a noncompensable rating for mild acquired flatfoot; or when symptoms relieved by built-up shoe or arch support. A 10 percent rating is warranted for moderate acquired flat foot; weight-bearing line over or medial to great toe, inward bowing of the tendo achillis, pain on manipulation and use of the feet. A 30 percent rating is warranted for severe bilateral acquired flat foot; objective evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities. A maximum 50 percent rating is warranted for bilateral acquired flatfoot; marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation, not improved by orthopedic shoes or appliances. In this case, the Board finds that a 30 percent rating is warranted during the period on appeal. A September 2015 VA examination performed prior to the Veteran's discharge documented pain on manipulation and accentuated pain on use. Service treatment records from January 2016 noted that conservative treatments, including physical therapy, dry needling, orthotic inserts, activity modification and stretching had failed. As a result, the Veteran received shockwave therapy. In February 2016, she was noted to be doing well. She had minimal discomfort with walking and was fully weight-bearing in regular shoes. There was no deformity, restricted motion, or instability. The failure of conservative treatments, including orthotic inserts, is one of the criteria for the maximum 50 percent rating. Because the Veteran had longstanding plantar fasciitis with symptoms such as accentuated pain on use which were not relieved by orthotics, the Board will resolve any doubt in the Veteran's favor in finding that her overall disability picture is approximated by the 30 percent rating criteria. However, the higher 50 percent rating is not warranted. She did not have any marked pronation, extreme tenderness of the plantar surfaces, or marked inward displacement or severe spasm of the tendo achillis on manipulation. In addition, there was also no indication of swelling on use or characteristic callosities. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shamil Patel, 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.