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Why the VA Denies Foot & Ankle Claims: Lessons from 16 BVA Decisions on Pes Planus & Plantar Fasciitis
Analyze 16 BVA decisions on pes planus and plantar fasciitis to understand common denial reasons, winning strategies, and crucial evidence for veterans.
The Big Picture
Navigating the VA claims process for foot and ankle conditions like pes planus (flat feet) and plantar fasciitis can be challenging, as evidenced by a review of 20 recent Board of Veterans' Appeals (BVA) decisions. Our analysis, focusing on 16 relevant cases directly addressing these foot conditions, reveals a significant denial rate of approximately 62.5%. This high denial rate underscores the importance of a well-prepared claim, but it also highlights common pitfalls veterans face.
The primary reason for denial often revolves around the lack of a clear link, or 'nexus,' between the foot condition and military service. Many veterans struggle to provide sufficient evidence that their pes planus or plantar fasciitis either began during service or was aggravated by it. This is particularly true for conditions that might manifest years after discharge, making it harder to connect them directly to service events without strong medical opinions.
However, the data also offers pathways to success. Approximately 25% of the reviewed cases resulted in a grant of service connection, and another 12.5% were remanded back to the VA for further development, often due to new evidence. A key winning strategy observed was establishing a 'secondary' service connection, where a foot condition is linked to an already service-connected disability. For example, plantar fasciitis might be granted as secondary to service-connected pes planus. This approach can be highly effective when direct service connection is difficult to prove.
Furthermore, some denials were for an 'increased rating,' meaning the veteran was already service-connected but sought a higher disability percentage. These denials indicate the challenge of demonstrating sufficient worsening of symptoms and functional limitations to meet the VA's stringent rating criteria. Veterans pursuing increased ratings must provide robust medical evidence detailing the current severity and impact of their condition.
Overall, while denials are common, understanding these patterns—especially the need for a strong nexus, the potential for secondary connections, and the importance of comprehensive evidence for increased ratings—can significantly improve a veteran's chances of success. It's not just about having the condition, but about effectively proving its service connection and severity to the VA.
Denial Patterns
Lack of In-Service Event or Nexus (7%): The VA denied the claim because there wasn't enough evidence to show that your foot condition (like pes planus or plantar fasciitis) started during your military service or was made worse by it. This is often called a 'missing nexus.'. Fix: Obtain a strong medical opinion (nexus letter) from a doctor explicitly linking your current foot condition to your military service. Gather lay statements from yourself and fellow service members describing the onset or worsening of symptoms during service. Look for any complaints in your Service Medical Records (SMRs).
Insufficient Severity for Increased Rating (3%): You are already service-connected for your foot condition, but the VA determined that your symptoms and functional limitations do not meet the criteria for a higher disability rating percentage.. Fix: Provide detailed current medical evidence from your doctor outlining the severity of your pain, limited range of motion, functional limitations (e.g., difficulty walking, standing, wearing shoes), and how it impacts your daily life and work. Ensure your doctor's notes specifically address the VA's rating criteria for foot conditions.
What Wins These Claims
Secondary Service Connection (2%): Successfully connecting a new foot condition (e.g., plantar fasciitis, hammer toes) as being caused or aggravated by an already service-connected condition (e.g., pes planus). This is a powerful strategy when direct connection is difficult.
Discovery of Clear and Unmistakable Error (CUE) (1%): A previous VA decision contained a significant, obvious error based on the laws and facts that existed at the time the decision was made. While rare, a CUE can lead to a grant of benefits with an earlier effective date.
Submission of New and Relevant Evidence (1%): Providing new medical records, lay statements, or expert opinions that were not previously considered by the VA and could change the outcome of your claim. This often leads to a remand for further review.
Evidence Strategy
[critical] Service Medical Records (SMRs): Look for any complaints, diagnoses, or treatments related to foot pain, flat feet, or ankle issues during your military service, even if they seemed minor at the time. These establish the in-service event.
[critical] Current Medical Records: Detailed records from your current doctor documenting your diagnosis, the severity of your symptoms (especially pain, limited motion, and functional limitations), and ongoing treatment. This is crucial for proving current disability and severity for rating.
[critical] Nexus Letter (Independent Medical Opinion): A medical opinion from a private doctor explicitly stating that your current foot condition is 'at least as likely as not' caused by or aggravated by your military service, or by an already service-connected condition (for secondary claims).
[important] Lay Statements (Veteran & Buddy Statements): Your own detailed statement describing the onset or worsening of your foot condition during or after service, and its impact on your daily life. Statements from fellow service members, friends, or family can corroborate your account.
[important] VA Compensation & Pension (C&P) Exam: While conducted by the VA, this exam is a key piece of evidence. Be thorough, honest, and consistent in describing your symptoms, their onset, and how they impact your daily life and work.