Ankle decisions — 2012

The Board has determined that the Veteran's systemic lupus erythematous had its onset during service and grants service connection for this condition. The other issues on appeal are remanded for further development.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for service connection for postoperative residuals of a left hip hemiarthroplasty is being remanded due to the need for additional development, including obtaining more recent VA treatment records and providing an opinion on whether his service-connected disabilities caused or aggravated his hip condition.

The Board has determined that the Veteran's current left ankle arthritis is related to his active military service, granting him service connection for this disability.

The Veteran's service-connected right foot and ankle disability is rated at 20 percent, the highest schedular rating available for marked limitation of motion. The Board finds that an initial 20 percent rating is warranted for the entire appeal period.

The Veteran's claims for a bilateral ankle disability have been denied as there is no current diagnosis of such a condition.

The Veteran's left ankle scar is painful and measures 7.5 cm in length, but does not meet the criteria for a higher evaluation as it is not unstable or painful enough to warrant an increased rating.

The Veteran's right ankle disability, excluding the period of a temporary total rating from June 26, 2006 to August 31, 2006, is manifested by moderate limitation of motion. The Board finds that an initial rating in excess of 10 percent for residuals of a right ankle fracture is not warranted.

The Veteran's claim for service connection for frostbite of the feet and ankles was denied as there is no evidence of cold injury residuals. The claim for bilateral myofascial syndrome of the ankles remains pending.

The Board found that the appellant's claimed disabilities, including right shoulder, left shoulder, right knee, left foot/ankle, low back, gouty arthritis, and chronic sinusitis, were not incurred in or aggravated by his active service. The most probative evidence established that these conditions are not causally related to his military service.

The Veteran's right ankle disability is rated at 30 percent, effective February 11, 2010. The Board has determined that a higher rating for the service-connected post-operative residuals of the right ankle fracture on an extra-schedular basis is not warranted.

The Veteran's right ankle disability, characterized by chronic sprains and pain with motion, is rated at the minimum compensable level of 10 percent.

The Veteran's service-connected bilateral hip and lumbosacral spine disabilities meet the threshold requirements for a TDIU rating, as they result in a combined disability rating of 70 percent.

The Board has granted a rating of 20 percent for the Veteran's service-connected residuals of a fractured right distal fibula, finding that his range of motion and functional loss due to pain on use warrant this higher evaluation.

The Veteran's lower back disorder is service-connected as secondary to his left ankle and right tibia and fibula disabilities. His traumatic arthritis of the left ankle has been rated at 20 percent, but he seeks a higher evaluation.,He was granted a compensable evaluation for healed fractures of the right tibia and fibula.

The Board has remanded the claims for additional development, including obtaining VA treatment records and providing a medical nexus opinion regarding the Veteran's right ankle replacement and hip/low back disorders.

The Board denied service connection for the claimed conditions and found that there were no past-due benefits to award attorney fees from, as the Veteran did not receive any VA compensation due to her receipt of retired military pay.

The Board denied the Veteran's claims for service connection for a right ankle injury, an evaluation in excess of 20 percent for degenerative joint disease of the lumbar spine, and a separate evaluation for left lower extremity neurological manifestations secondary to lumbar spine disability.

The Board found that the Veteran's left ankle and foot conditions are not related to his service-connected knee condition, thus denying both claims.

The July 28, 1969 rating decision granted service connection for shell fragment wounds to various body parts including the ulna, ankle, chest, and back. However, the ratings were assigned based on existing evidence at that time.