How Does VA Rate Pes Planus (flat feet)?

[Sharm]

 

As I have been putting a package together for a claim, I found my entrance medical examination and noticed a "Note"  in regards to a clinical evaluation for Pes planus. I do not have a disability rating even for noncompensable condition for 0%.  I researched how the  Department of Veterans Affairs rates veterans with flatfoot under 38 C.F.R § 4.71a, diagnostic code 5276, and it stated that veterans can be rated between 0 percent and 50 percent on a scale of mild to pronounced for flat foot. Could this have been overlooked during my VA Medical Exam? How and should I bring this up now?

Background:

• Entrance medical examination in 1985, notes (36. Feet) Pes Planus, mild
• VA medical examination in 2009, nothing mention of Pes Planus nor any rating given
• During military career had inserts in boots
• Documented foot issues
• Current having issues with tibial tendon 

 

 

 

Background:

• On my entrance examination, conducted in 1985, it was noted under the clinical evaluation (36.) Feet that "Pes Planus, mild"

 

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[deedub75]

If you didn't file a claim with the VA for pes planus, then they are going to service connect you for it. If you're still having issues, go ahead and file.  

I had "pes planus, flexible" on my entrance exam in 1996. It worsened during my time on active duty and I was given shoe inserts. As part of my out-processing for the Army, I was sent to the VA to file a claim. I knew nothing of the VA claims process so I when asked what I was claiming, I told them that I was never deployed or saw combat so I didn't have anything to claim. They explained that I didn't have to be deployed or see combat but it could be any injury I sustained while on active duty. I mentioned that my ankle was giving me problems and I had a surgery while on active duty for a varicocele and I ended up getting 10% for each of these. Pes planus never crossed my mind and I had other issues like allergies and chronic sinusitis that I had developed and had been treated for while on active duty that I had no idea the VA would service connect me for. I could have walked out of the Army with at least a 50% VA rating or even higher! 

It wasn't until years later in 2010 when I started researching VA claims that I filed a claim for pes planus. I had developed plantar fasciitis in 2007 and still didn't think about my pes planus on active duty. It was originally denied because the examiner said I didn't go to the doctor enough times while on active duty even though there's no requirement to see a doctor a certain amount of time. I appealed and asked for a de novo review and I was granted 30% service connection for pes planus.