Ankle decisions — 2010

The Veteran's service-connected left and right ankle disabilities have not met the criteria for initial compensable or higher evaluations prior to January 17, 2008, and initial evaluations in excess of 10 percent prior to April 7, 2009, and in excess of 20 percent after April 7, 2009.

The Veteran's service-connected arthritis of the right and left ankles have been granted increased ratings to 20 percent effective from February 4, 2009. The Veteran's pseudofolliculitis barbae has not met the criteria for a higher rating.

The Board has remanded the case for additional development due to incomplete examination reports and missing VA treatment records.

The Board has determined that a higher evaluation for RSD of the right ankle prior to December 21, 2009 is warranted, but not after this date. The appellant's disability is currently rated at 40 percent disabling.

The Veteran's claim for a rating in excess of 30 percent for residuals of a fracture of the left medial malleolus with osteoporosis was denied. The primary issue was whether his ankle disability warranted a higher rating.

The Board has remanded the case for a new VA examination to assess the current nature and etiology of the appellant's claimed right ankle disability.

The Veteran's claim for a higher rating for his service-connected ganglion of the left ankle was granted, with an effective date prior to September 29, 2009. The claim for service connection for a disability of the left knee, secondary to the service-connected ganglion of the left ankle, is referred back to the RO.

The Veteran's claims for service connection for bilateral ankle disorder and bilateral shin splints have been denied as there is no evidence of a chronic condition in service or post-service continuity of symptoms.

The Board has remanded the case due to the need for additional development, including an examination of the Veteran's left ankle.

The Board has determined that the grant of service connection for a left ankle/foot disability was not clearly and unmistakably erroneous, and thus restoration of service connection is warranted. The claim of service connection for a left knee disability remains pending.

The Board has remanded the case for further development due to concerns raised by the Court regarding the significance of the Veteran's contentions and the adequacy of the VA medical opinion.

The Veteran's right ankle disability is currently rated at 30 percent disabling, effective April 25, 2005. The evidence does not support a higher evaluation under any applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for high cholesterol, anxiety, obstructive sleep apnea, headaches (undiagnosed), joint pain in left ankle, joint pain in both elbows, joint pain in both wrists, joint pain in both feet, and bilateral hearing loss. The evidence did not support a finding of direct service connection for any of these conditions.

The Board found no evidence of a current right ankle disability and denied the Veteran's claim for service connection. For his left ankle disability, the Board noted that there was no showing of marked limitation of motion, which is required for a higher rating under Diagnostic Code 5271.

The Veteran's case is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his right ankle disability.

The Veteran's appeal is being remanded for additional development, including scheduling new VA examinations and obtaining his VA medical records from November 2009 to the present.

The Board has ordered a new VA opinion to determine if the Veteran's service-connected DVT with discoloration, varicose veins, and right medial ankle stasis ulcer contributed to his death. The appellant is also provided VCAA notice regarding the issue of entitlement to service connection for the cause of the Veteran's death.

The Veteran's initial claim for an increased evaluation for left ankle fracture was denied. The Board also found that the Veteran did not meet criteria for a higher rating from June 1, 2005 until September 19, 2009 and granted a 20% evaluation as of September 19, 2009. Service connection for PTSD was not addressed in this decision.

The Veteran's claims for service connection for chronic right upper leg disorder, chronic right foot drop, and chronic right ankle disorder were denied. The claim for a chronic lumbar spine disorder was also denied as it is not related to service-connected disability.

The Veteran's right and left ankle disabilities have been granted increased ratings of 20 percent each, effective November 18, 2009. The disabilities are rated based on limitation of motion.