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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 8)

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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A Hearing was held on July 13, 2004, concerning the claims of increased disability for the metatarsalgia of the right foot currently 10% disabling, and for service connection for low back pain secondary to the foot condition. On July 29, 2004 the RO issued a letter to the veteran that he was granted 10% disability for low back condition with radicular symptoms, secondary to service connected metarsalgia, right foot, assigned from March 8, 2001. The veteran's combined rating was 20%.

After the Hearing and Decision, the veteran submitted a statement saying that the issue of an increased rating for service connection for metatarsalgia of the right foot still had not been addressed, and that the claim for service connection for stomach condition also was part of the remand of September 1999. He also stated that the grant of 10% disability for service connection should go back to the date of September 1999, the date the matter was remanded (the 10% disability for service connection going back to 09/22/99, the date the RO received the veteran's reopened claim, was granted on June 27, 2006).

On May 10, 2006 a Hearing was held to discuss the issue of whether new and material evidence had been submitted to reopen the claim for service connection for a stomach condition. On July 27, 2006, the claim for service connection for a stomach condition was denied. On August 23, 2006, the veteran filed a claim for erectile dysfunction secondary to back condtion.

On October 12, 2006, the veteran underwent a Compensation and Pension Examination and told the examining doctor that he had chronic low back pain and both feet pain, which he attributed to marching for 25 miles with heavy rucksack on his back during basic training. The examining doctor 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. 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.

On December 14, 2006, the RO issued a Rating Decision, increasing the low back condition disability from 10% to 20% effective June 1, 2006; denying service connection for erectile dysfunction; and denying the claim for service connection for bilateral leg and foot condition because the evidence submitted was not new and material. In the Rating Decision the RO stated that the Supplemental Statement of the Case dated 02/05/98 showed that that denial was upheld as the evidence showed the veteran did not have a left foot condition related to your military service. The RO stated that the objective medical evidence still did not show that the veteran has a left foot condition either secondary to the veteran's service connected disabilities or directly related to his military services.

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