Bilateral Pes Planus with Plantar Fasciitis at 50%?

[ASU_0331]

 Hello all,

So  got home from being away for five days and discover that a decision was made on my supplemental claim for pes planus.  I am waiting on the BBE, but currently E-Benefits currently has the following;

bilateral pes planus with plantar fasciitis    50% 

My supplemental claim was for bilateral pes planus, which after my QTC exam I was certain I would be rated at the pronounced bilateral rating of 50% due to my conversation with the examiner and her comments as she examined my feet.  I currently have an intent to file which was going to cover issues secondary to my bilateral pes planus once the pes planus was service-connected, which would have been arthritis in both big toes, plantar fasciitis, arthritis in both knees, ITB Syndrome, and patellar tendinosis.

Am I being shortchanged by them combining the pes planus with plantar fasciitis as E-Benefits currently has it listed?  My initial pes planus diagnosis dates back to 2017 and my bilateral plantar fasciitis diagnosis was just made at the beginning of this year which to me makes it secondary to the bilateral pes planus and thus deserving of its own rating.  And while I know you don't get a bilateral factor added when you get a flat bilateral rating for pes planus, I was certain you get the bilateral rating when you are rated for both bilateral pes planus AND bilateral plantar fasciitis.  Just seems fishy to me that they added the "with plantar fasciitis" to what appears to be the rating for pronounced bilateral flat feet at 50%.  

[john999]

I think that is a pretty good rating for flat feet and PF.  This rating opens the door to many other ratings as I see it. Many people with flat feet have back, knee and hip problems.  Since you have serious disability and pain in your feet you could probably file for depression as well due to chronic pain.  I also have PF and it disables me to some extent and is painful as hell.  If the 50% rating is your only rating so far I see you getting either TDIU or possibly even 100% down the road if you are aiming at it.   I have ratings on both my feet and hands due to PN from DMII.  I am not sure if I got bilateral rating either.  Your award has a lot of potential for a higher group of ratings.  It is hard as hell to get to 100% but you have that chance.  Are you working these days?  Usually you get 10% in each foot for PF unless some doctor has butchered your foot from surgery.

[Hucast21]

It seems so because PF can be claimed as secondary to bilateral pes planus and deserves its own rating.

I also have bilateral pes planus with plantar fasciitis but never once complained about it during service and kick myself everyday for not doing so. 

But like john999 stated, your pes planus rating opens the door for many other ratings down the line and it seems like you are going down that route.

[brokensoldier244th]

They are usually rated under the same diagnostic code (5276)because they are part of the same body part, or 5284, whichever is worse. Unless extraschedular rated, or there is unique symptomatology specific to each condition to do otherwise results in pyramiding ratings. Plantar fasciitis only goes to 40% if there is loss of use. Pes goes higher. Which code is used depends on the overall presentation of symptoms in your record history.

Example: 

Board of Veterans Affairs. (2011). Va.gov. https://www.va.gov/vetapp11/files5/1144718.txt

The Board finds that assigning a separate evaluation under Diagnostic Code 5284 would violate the rules against pyramiding.  
The evaluation of the same disability or the same manifestations of the disability under different diagnoses is to be avoided.  38 C.F.R. § 4.14 .

Edited March 18, 2021 by brokensoldier244th

[ASU_0331]

Thanks all.  I am going to see how they end up coding it when the BBE comes in and I will drop the info here just for search engine's sake.

[ASU_0331]

5 hours ago, brokensoldier244th said:

They are usually rated under the same diagnostic code (5276)because they are part of the same body part, or 5284, whichever is worse. Unless extraschedular rated, or there is unique symptomatology specific to each condition to do otherwise results in pyramiding ratings. Plantar fasciitis only goes to 40% if there is loss of use. Pes goes higher. Which code is used depends on the overall presentation of symptoms in your record history.

Example: 

Board of Veterans Affairs. (2011). Va.gov. https://www.va.gov/vetapp11/files5/1144718.txt

The Board finds that assigning a separate evaluation under Diagnostic Code 5284 would violate the rules against pyramiding.  
The evaluation of the same disability or the same manifestations of the disability under different diagnoses is to be avoided.  38 C.F.R. § 4.14 .

So I had forgotten about something I had read while researching Pes Planus and Plantar Fasciitis.

In February, 2021, the VA specifically created a new rating code for Plantar Fasciitis, 5269 which when bilateral and you get no relief from both non-surgical and surgical treatment is 30%.

I am thinking that since my supplemental claim for pes planus went in on 02/01 with a decision made on 03/12, they used the old rating system and lumped it all under the 5276 rating at 50%. Under the new rating, I should be get a 50% rating under 5276 and more than likely a 30% rating under 5269. This would also trigger a bilateral factor since it would be two compensable disabilities on both legs. 
 

Going to end up appealing to make sure the ratings are correctly done under the correct codes.  Seems like my ratings hit an overlap.