Ankle decisions — 2010

The Veteran's claims for service connection for right knee and right ankle disabilities were denied. The Board found that the evidence did not support a current disability, and there was no medical opinion linking his current conditions to service.

The Veteran's left hip and left knee disabilities are found to be secondary to his service-connected residuals of the left ankle injury, warranting a grant of service connection. The claim for an increased disability rating for residuals of the left ankle injury remains pending.

The Veteran's right hip arthritis is rated at 20% and his right knee arthritis remains at the current rating of 10%. The appeal for TDIU is denied.

The Veteran's claims for increased ratings for his left ankle sprain and status post right ankle sprain were denied as the evidence did not support a higher rating under applicable VA regulations.

The Board found that the Veteran's bilateral ankle and foot disorders were not incurred in or aggravated by service, as there is no evidence of a chronic disability during service. The most probative evidence indicates these conditions are unrelated to his military service.

The Board is remanding the case for further examination and opinion to determine if any left foot disorder, including hammertoe of the second toe, is caused or aggravated by the Veteran's service-connected right ankle disability.

The Veteran's ankle disabilities were not found to warrant a compensable rating prior to February 3, 2010 and did not meet the criteria for a disability rating in excess of 10 percent after that date.

The Veteran's left knee disability is rated at 30 percent disabling from April 1, 2009 forward. The Board found no evidence of ankylosis or non-union of the tibia and fibula with loose motion requiring a brace. However, there was slight instability noted in the June 2009 VA examination report.

The Board has denied the Veteran's claims for service connection for bilateral pes planus, left ankle disability, and right ankle disability. The evidence does not show that any of these conditions were incurred or aggravated by military service.

The Veteran's claims for service connection for a right knee disability and an increased rating for diabetes mellitus were denied. The July 1985 decision denying service connection was not found to be clearly and unmistakably erroneous.

The Veteran's service-connected right ankle disability is manifested by pain, numbness, tingling, and limitation of motion. The Board finds that the Veteran's right ankle limitation of motion is best characterized as moderate in severity, warranting a 10 percent evaluation.

The Board has remanded the case for additional development due to the need for clarification of the Veteran's ankle injuries and a medical opinion regarding the relationship between any current right ankle disability and service.

The Veteran's claims for PTSD, Major Depressive Disorder, and a left ankle disability were denied as the evidence did not support their etiology with his active duty service.

The Veteran is seeking service connection for various disabilities, including psychiatric conditions and spinal and joint disorders, all claimed as secondary to his service-connected left foot disability. The Board has determined that additional evidence should be obtained before the claims can be fully adjudicated.

The Veteran's right total knee replacement is rated at 30 percent, and he is granted a separate 10 percent rating for slight instability of the right knee. His left knee disability is also rated at 10 percent.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for left ankle subluxation.

The Board has determined that the Veteran's service-connected left ankle disorder warrants a rating of 20 percent, reflecting marked limitation of motion.

The Veteran's appeal for service connection for bilateral hearing loss, right ankle disorder, hemorrhoids, migraine headaches (claimed as Gulf War Syndrome), and allergic rhinitis was denied. The Veteran did not meet the criteria for a hearing loss disability at any time during the course of the appeal.

The Veteran's service connection claims for right leg radiculopathy, bilateral knee disorders, bilateral ankle disorders, and upper back disorder are granted. The Veteran currently has a diagnosis of lumbar radiculopathy with respect to his complaints of right leg pain, which is related to active military service.

The Veteran's claim for a higher rating for his recurrent left ankle sprain was denied. He is currently receiving a 20 percent disability rating effective April 17, 2009.