Plantar Fasciitis

Prokarym v. McDonald, Opinion Number 13-3478, was decided April 14, 2015 and concerns a veteran seeking a higher rating for bilateral plantar fasciitis.

The veteran’s plantar fasciitis was rated by analogy to the criteria for flatfoot (DC 5276).  The veteran sought a higher rating and the VA admitted that both DC 5276 and DC 5284 (other foot injuries) were potentially applicable.  The VA granted two 10% ratings (for each foot under DC 5284 for prior to July 2013 and a single 50% rating after July 2013 under DC 5276.

The veteran argued that he should have had a severe rating of 30% for each foot under DC 5284 because of the determination that he had pronounced bilateral feet under DC 5276.  He pointed to the 10% rating for moderate flatfoot and said it is incongruous that he received a “pronounced rating under DC 5276, which is considered a more severe degree of symptomology than severe but does not amount to a severe rating under DC 5284.

The Court found it was not appropriate to merely determine a severe disability under DC 5276 is equivalent to a severe disability under DC 5284.  The Court notes the difference reflects the Secretary’s judgment that a severe foot injury under DC 5284 represents a more disabling condition than severe flatfoot under DC 5276.

The Court also considered the request for a higher rating and found the Board did not clearly err when it determined the veteran would not be entitled to a severe rating under DC 5284 nor that it failed to provide adequate reasons or basis for its decision.  “The Board found that the record did not contain evidence of foot symptoms other than those contemplated by DC 5276 and [the veteran] has not identified any other foot symptoms the Board overlooked.”

Decision by J. Lance, joined by J. Hagel and J. Bartley.