Citation Nr: 25008940 Decision Date: 07/08/25 Archive Date: 07/08/25 DOCKET NO. 19-32 704 DATE: July 8, 2025 ORDER Service aggravation of bilateral pes planus is granted. FINDING OF FACT Asymptomatic pes planus noted at enlistment in September 1992 became symptomatic during service. CONCLUSION OF LAW The criteria for service aggravation of bilateral pes planus disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.306. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the U.S. Army from November 1992 to April 1997 and from April 2003 to November 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision. In April 2022, the Veteran testified before a Veterans Law Judge (VLJ) who is no longer at the Board. In February 2025, he and his representative were notified of this and afforded the opportunity to testify at another hearing. However, no response to this letter was received, and therefore the Board will proceed with a decision. The appeal was previously denied by the Board in June 2023. That denial was appealed to the U.S. Court of Appeals for Veterans Claims (Court). Pursuant to a November 2024 memorandum decision, the Court remanded the matter back to the Board for further adjudication. Service Aggravation The principles of service connection do not generally apply to conditions which existed prior to military service. However, a claimant may receive compensation for a preexisting condition which was aggravated by service. A preexisting injury or disease will be considered to have been aggravated by active service where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. 38 C.F.R. § 3.306. Here, a September 1992 enlistment examination documented asymptomatic pes planus. Therefore, the claimed pes planus existed prior to service. With respect to aggravation, the Veteran reported during an August 2017 VA examination that he experienced the onset of pain in 1993 or 1994 due to running, road marches, and other duties which involved spending excessive time on his feet. Although his service treatment records do not specifically document any pain or other symptoms, a January 1997 separation examination noted that the Veteran was wearing arch supports to treat his condition. The Board finds that the documented use of arch supports beginning sometime after enlistment generally corroborates the Veteran's reports of the onset of pain during service. Therefore, an increase in the preexisting disability has been shown based on the onset of pain for previously asymptomatic pes planus. As noted above, a preexisting condition which increased in disability is considered to have been aggravated unless there is a specific finding that this increase is due to the natural progress of the disease. In that regard, an August 2022 VA opinion stated that the use of orthotics is commonly recommended for those with foot arch distortions and does not suggest aggravation beyond the natural course of the condition. However, the November 2024 Court decision found this opinion to be inadequate because it did not account for the Veteran's report of the onset of pain during service, which the Board has found to be credible. Therefore, there is no specific finding from a competent examiner that the onset of pain from pes planus during service is consistent with the natural process of the disability, and the criteria for service aggravation have been met. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Patel, Shamil 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.