Ankle decisions — 2011

The Board denied the Veteran's claims for service connection for right ankle disability, left ankle disability, and right knee disability as secondary to a service-connected disease or injury. The examiner concluded that there was insufficient evidence to show a cause/effect relationship between his current disabilities and military service.

The Veteran's initial disability ratings for her residuals of a right knee strain, status post arthroscopic surgery with open lateral release, and her low back pain disability have been granted. Her initial compensable disability rating for her bilateral foot strain with plantar fasciitis has also been granted.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his left ankle disability, including any pain and limitation of motion.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's myofascial pain syndrome with fibromyalgia is currently rated at the maximum schedular rating, and his left ankle strain and bilateral plantar fasciitis are not found to be related to active duty service.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, knee disorders, shoulder disorders, elbow disorders, wrist and hand disorders, low back disorder, right ankle disorder, and TMJ (chronic pain), were denied as these conditions are not shown to be related to his military service.

The Veteran did not have a current bilateral knee, right ankle, or left leg disability and the Board finds that his reported in-service injuries are outweighed by more contemporaneous evidence. Therefore, service connection for these conditions is denied.

The Board has found service connection for the claimed conditions, with resolution of doubt in favor of the Veteran. The criteria for secondary service connection are met.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The Board found that the submitted statements were duplicative.

The Veteran's right eye disability had onset in service, and the Board granted service connection for this condition.,The Veteran's bilateral foot and ankle disability was permanently aggravated by his active military service. The Board also granted service connection for this condition.

The Veteran's appeal is being remanded due to his request for a hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's claims for increased ratings for her right knee patellofemoral pain and posterior tendonitis of the right ankle, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claim for a temporary total disability rating (TTR) for fused left ankle with traumatic spur and osteoarthritis and plantar fasciitis, based on treatment necessitating convalescence, was denied as there is no indication of additional surgery or severe postoperative residuals during the period in question.

The Veteran's service connection claim for right and left ankle sprain and weakness, to include as secondary to her service-connected status post bunionectomy of the right and left great toes, was granted. The effective date is not specified.

The Veteran's compound fracture of the upper third, left fibula has been rated at the highest available schedular rating (30%) throughout the appeal period. No new issues have arisen that would warrant a different rating.

The Board has determined that further development is necessary before adjudication of the issues on appeal, including obtaining SSA disability determination and medical records associated with the determination, providing a new VA examination for the Veteran's low back disability, and scheduling another VA examination to determine if the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board found that the Veteran's current bilateral ankle disability is not related to her military service and denied her claim.

The Veteran's right ankle disability is rated at 30 percent, reflecting ankylosis in plantar flexion between 30 and 40 degrees.

The Veteran's claims for service connection for right and left ankle disorders are being remanded due to the need for additional development, including obtaining complete service treatment records and VA medical records.

The appeal is being remanded due to missing VA outpatient records and the need for additional examinations to determine the nature, extent, onset, and etiology of any hearing loss, tinnitus, headaches, back, right knee, left knee, right ankle, left ankle, right foot or left foot disability found to be present.

The Board has determined that the Veteran does not have a current right ankle disorder for which service connection can be granted. As such, his claim for service connection for a right ankle disorder is denied.