Service connection for bilateral pes planus, now diagnosed as bilateral pes planus and plantar fasciitis, is granted.

Citation Nr: A26069935 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 260123-626796 DATE: July 30, 2026 ORDER Service connection for bilateral pes planus, now diagnosed as bilateral pes planus and plantar fasciitis, is granted. FINDING OF FACT The evidence shows that the Veteran's bilateral pes planus, which pre-existed service, underwent a permanent increase in severity during service, and is now characterized as bilateral pes planus and plantar fasciitis. CONCLUSION OF LAW The criteria for service connection for bilateral pes planus, now characterized as bilateral pes planus and plantar fasciitis, have been met. 38 U.S.C. §§ 1110, 1111, 1153, 1154(a), 5107(b); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.306. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from June 1992 to July 2012, including service in Qatar from January 2003 to June 2003 and from May to September 2007, as well as in the United Arab Emirates from March to May 2005, and his decorations include the Southwest Asia Service Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2025 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The March 2025 rating decision constitutes an initial decision; thus, the modernized review system applies, also known as the Appeals Modernization Act (AMA). By way of procedural history, on February 12, 2020, the Veteran filed this claim, which was adjudicated by the RO in an April 2020 rating decision that was appealed to the Board. In a July 2024 decision, the Board remanded the issue of service connection for bilateral pes planus for further development, and in the January 2025 rating decision the RO denied entitlement to service connection for bilateral pes planus. In February 2025, the Veteran filed a VA Form 20-0996, requesting a Higher Level Review (HLR) of the January 2025 rating decision, and in the March 2025 rating decision, the RO confirmed and continued the denial of entitlement to service connection for bilateral pes planus. In the January 2026 VA Form 10182, the Veteran appealed the March 2025 rating decision and elected the Evidence Submission docket. Further, in the March 2025 rating decision, the RO provided a de novo review as the information in the claims file was found to be complete and sufficient for rating purposes, and no duty to assist errors were noted. In light of the foregoing, the Board may only consider the evidence of record at the time of notice of the January 2025 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days of the January 2026 VA Form 10182. 38 C.F.R. §?20.302(a). The Board has recharacterized the claim for service connection for bilateral pes planus, as bilateral pes planus and plantar fasciitis noting that, "Overall, the scope of the claim will be based on a sympathetic assessment of 'the claimant's description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim,' i.e., information gathered upon investigation." (quoting Clemons v. Shinseki,?23?Vet. App.?1, 5?(2009)).? See DeLisio?v. Shinseki,?25?Vet. App.?45, 53?(2011) ("Thus, if the condition for which VA benefits are sought is not directly associated with service, but information obtained during the processing of the claim reasonably indicates that the cause of the condition is DeLisio a disease or other disability that may be associated with service, the Secretary generally must investigate whether the causal disease or disability is related to service, in order to determine whether the claimed condition is related secondarily to service.") 1. Service connection for bilateral pes planus is granted. The Veteran seeks service connection for his bilateral pes planus, and urges that his condition was asymptomatic at entrance, underwent permanent worsening in service as a result of the physical demands of service. In addition, the Veteran's representative maintains that the Veteran's service treatment records (STRs) document weight gain, and an increased BMI resulting in an onset of obesity in-service which aggravated the Veteran's bilateral pes planus. See February 2025 correspondence. Indeed, the Veteran's STRs and post-service treatment records reflect that the Veteran has been diagnosed as having obesity. See e.g., September 2017 to January 2025 VA treatment records; see also October 2008 STRs. Further, the Veteran's STRs indicate a diagnosis of pes planus on the Veteran's entrance examination, and post-service diagnosis of bilateral plantar fasciitis due to the pes planus. See November 1991 STRs; see also August 2024 VA examination. In support of his claim, the Veteran maintains that his condition worsened in June 2005, due to participating in weekly physical fitness. The Veteran reported an onset of symptoms of pain and swelling in the arches of both feet, and treatment including prescribed shoes and inserts, and medication for inflammation. See November 2023 and August 2024 VA examinations. A veteran is presumed to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted. 38 U.S.C. § 1111; 38 C.F.R. § 3.304(b). A history of pre-service existence of conditions recorded at the time of examination does not constitute a notation of such conditions but will be considered together with all other material evidence in determinations as to inception. 38 C.F.R. § 3.304(b)(1); see also Crowe v. Brown, 7 Vet. App. 238, 245 (1994). To rebut the presumption of sound condition under 38 U.S.C. § 1111 for disorders not noted on the entrance or enlistment examination, VA must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service. VAOPGCPREC 3-2003 (July 16, 2003); Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004); see also Horn v. Shinseki, 25 Vet. App. 231, 234 (2012) (holding that "the evidence of lack of aggravation produced by the Secretary must rise to the level of clear and unmistakable evidence on its own merit"). The Board notes that the Veteran's November 1991 service entrance examination shows that the Veteran's feet were abnormal on clinical evaluation, and mild asymptomatic bilateral pes planus, which was not considered disqualifying, was diagnosed. Thus, the presumption of soundness on entry in service does not apply. See Wagner, 370 F.3d 1089 (Fed. Cir. 2004). Because the condition was diagnosed on the Veteran's entrance examination, that the condition was "noted" upon entry into service. See Verdon v. Brown, 8 Vet. App. 529, 530 (1996); 38 C.F.R. § 3.304(b). In reaching this determination, the Board acknowledges that even though the service entrance examination report reflects that the Veteran's bilateral pes planus was described as asymptomatic, it is still considered to be "noted" and, therefore, a preexisting condition. See Verdon v. Brown, 8 Vet. App. at 535; see also Amezquita v. Collins, 135 F.4th 1369 (Fed. Cir. 2025). Service treatment records show no treatment related to the feet during service. Post-service treatment records note bilateral pes planus. See e.g., September 2017 to January 2025 VA treatment records. The Veteran maintains these post-service treatment records support that his arches have gotten flatter over time, and that his condition has worsened. Indeed, in the August 2024 VA examination, the examiner opined that the Veteran's bilateral plantar fasciitis is due to or the result of the Veteran's pes planus. To the extent the Veteran has reported that his bilateral foot pain began during active-duty service, the Board finds the Veteran competent to report such symptomatology. See Falzone v. Brown, 8 Vet. App. 398 (1995) (holding that a lay person is competent to testify to pain and visible flatness of his feet, and that the veteran's complaints of foot pain in service signaled an aggravation of his pre-existing foot disorder). Since service, the Veteran has competently reported that he experiences pain in his feet that has progressed and worsened. The Board finds the Veteran's statements to be credible as he has consistently reported throughout the appeal period the onset of this symptomatology. See Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). In light of the evidence of record, including the Veteran's competent and credible report as to the onset and worsening of his bilateral foot symptomatology, in its role as a finder of fact, the Board finds that the evidence shows that the Veteran's bilateral pes planus, which pre-existed active duty, underwent a permanent increase in severity during service. (Continued on the next page) ? Accordingly, the Board finds that service connection for bilateral pes planus, now diagnosed as bilateral pes planus and plantar fasciitis, is warranted. See Lynch v. McDonough, 21 F.4th 776, 781 (Fed. Cir. 2021) (en banc). STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Nettles, Simone B. 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.