r/VeteransBenefits

Looking for opinions from anyone who went through a BVA appeal for pes planus / plantar fasciitis.

Based on your provided evidence, your BVA appeal for service connection for bilateral plantar fasciitis and pes planus has a strong foundation, as the key elements—a current diagnosis, an in-service event or aggravation, and a medical nexus—are documented. For a successful appeal, the Board will assess whether your condition is congenital (preexisting) and, if so, whether it was permanently aggravated by service per **38 CFR 3.303(b)** and **38 CFR 4.22**. Your podiatry notes and prescribed orthotics are crucial for establishing severity and chronicity. Ratings are assigned under the Diagnostic Code (DC) for pes planus (**DC 5276**) or, if warranted, under DC 5277 for acquired flatfoot, with evaluations based on factors like pronation, pain, and use of orthotics. For plantar fasciitis, consider that if symptoms are severe and cause functional impairment, you may also be entitled to an evaluation under **38 CFR 4.130** for mental disorders if a chronic pain syndrome has developed, though it is more commonly rated analogously under the foot codes. Relevant case law includes *Savage v. Shinseki*, which holds that aggravation of a congenital condition must be "permanent," and *DeLuca v. Brown*, which allows for consideration of functional loss during flare-ups. Your actionable next steps are: 1) Ensure your BVA appeal formally argues permanent aggravation if pes planus was noted at entry; 2) If the BVA grants service connection but with a low evaluation, you can appeal the rating percentage separately; and 3) Whether service-connected or not, you can immediately file new claims for secondary conditions (e.g., knee, hip, or back issues) using your podiatry notes and orthotic prescription as evidence of altered gait and increased stress on those joints. Consult a Veterans Service Organization (VSO) or accredited agent to review your strategy. *Disclaimer: This is educational information regarding VA claims processes and is not intended as legal or medical advice.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).