Click To Call However, a correct reading of the evidence of record shows that the examining physician at The VA Health System in Baltimore, Dr. Pineda, actually diagnosed metatarsalgia in both feet, stating that the veteran had had problems with pain on the plantar surface of the feet since he was in the service.
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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 13)

Disabilities: Stomach Disorder, metatarsalgia of the right foot, and Bilateral foot and leg disorder

Court of Appeals for Veterans Claims Brief: BVA Denial

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However, a correct reading of the evidence of record shows that the examining physician at The VA Health System in Baltimore, Dr. Pineda, actually diagnosed metatarsalgia in both feet, stating that the veteran had had problems with pain on the plantar surface of the feet since he was in the service. He stated the metatarsal heads were tender bilaterally and diagnosed metatarsalgia which appeared to have begun while in service and was service-connected. Based on that record, in part, the VA assigned 10% disability for service connection for metatarsalgia right foot.

Later, on October 12, 2006, the veteran underwent a Compensation and Pension Examination done for the Issue of increased disability, and Dr. Bijpuria, diagnosed bilateral metatarsalgia and stated it was his opinion that the veteran's current foot metatarsalgia was at least as likely as not due to his service-connected foot metatarsalgia.

After that exam, on November 7, 2006 the RO sent the veteran a letter stating that an evaluation of 10 percent was assigned for anterior metatarsalgia and a higher evaluation of 20 percent under diagnostic code 5283 was not warranted unless evidence demonstrated malunion or nonunion of the tarsal or metatarsal bones with moderately severe symptoms .They also increased the low back condition disability from 10% to 20% effective June 1, 2006, and denied the claim for service connection for bilateral leg and foot condition because the evidence submitted was not new and material.

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