BVA9507953 
DOCKET NO.  93-11 739     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Fort Harrison,
Montana

THE ISSUE

Entitlement to service connection for right tarsal tunnel
syndrome.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Frank L. Christian, Counsel

INTRODUCTION

The veteran served on active duty from August 1960 to September
1963.  This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a rating decision of August 1992 from the
Department of Veterans Affairs (VA) Regional Office (RO) in Fort
Harrison, Montana.

The Board notes that the veteran initially filed a notice of
disagreement with a rating decision confirming a noncompensable
evaluation for a right fallen arch, but later clarified that his
appeal is limited to the issue of entitlement to service
connection for right tarsal tunnel syndrome.  Accordingly, the
Board will limit its consideration to the service connection
issue.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that his right tarsal tunnel syndrome is a
consequence of nerve damage of the right lower extremity
sustained during active service in 1962.  It is contended that
medical opinion and authority submitted by the veteran supports
his argument as to the cause of his current right tarsal tunnel
syndrome.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record contained in the veteran's claims
file.  Based on its review of the relevant evidence in this
matter, and for the following reasons and bases, it is the
decision of the Board that the evidence of record supports a
grant of service connection for right tarsal tunnel syndrome.

FINDING OF FACT

Right tarsal tunnel syndrome originated during service.

CONCLUSION OF LAW

Right tarsal tunnel syndrome was incurred during peacetime
service.  38 U.S.C.A. § 1131.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Board finds initially that the veteran's claim is plausible
and thus well grounded within the meaning of 38 U.S.C.A.
§ 5107(a) (West 1991), and that the RO has met its duty to assist
him in developing evidence to support his claim.

Historically, the veteran's service medical records show that he
was seen in April and May 1962 for complaints that his right leg
had been bothering him since he tripped approximately one month
earlier.  Examination disclosed that the veteran's pain was
localized to the muscles of the anterior compartment of the lower
right leg, with no evidence of bony injury.  Appearance and
function of the right leg were normal, and X-ray examination was
negative.  The clinical impression was muscle strain.  An entry
dated in December 1962 shows that the veteran was seen with
complaints of pain in the right ankle or right arch.  Examination
disclosed tenderness in the right arch, and that arch was found
to be not as high as the left arch.  The clinical assessment was
early fallen arch, right.  The veteran was not found to have
right tarsal tunnel syndrome during service.  He has been granted
service connection for the fallen right arch noted during
service.  VA medical records show that the veteran was found to
have right tarsal tunnel syndrome in 1991, which was thought to
be secondary to excessive pronation.  More recently, in 1992, a
VA physician noted that the veteran did not have a fallen right
arch.  The VA physician expressed his opinion that the veteran's
inservice disorder was misdiagnosed as an early fallen arch,
right foot, and that his disability actually consists of chronic
tarsal tunnel syndrome secondary to inservice trauma to the right
foot or leg.  The Board finds that opinion persuasive, and
concludes that the veteran's currently manifested right tarsal
tunnel syndrome may not be dissociated from his clearly
documented inservice injury to the right foot.  Accordingly,
service connection for right tarsal tunnel syndrome is warranted.

ORDER

Service connection for right tarsal tunnel syndrome is granted.

          SHANE A. DURKIN
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.