Ankle decisions — 2012

The Veteran's service-connected posterior tibial tendonitis of the left and right ankles have been rated at 10 percent, but do not meet the criteria for a higher rating based on moderate limitation of motion.

The Veteran's right ankle disability is currently rated at 20 percent effective January 27, 2011. The RO increased the rating based on VA examination findings showing marked limitation of motion.

The Board denied service connection for various conditions, including right hip disability, left shoulder disorder, bilateral hearing loss, stomach disorder, and others. The decision also addressed the Veteran's employment status.

The Veteran seeks service connection for a left ankle disability. The VA examiner found the current left ankle disability less likely than not related to his in-service injury, but this opinion is inadequate as it does not consider the Veteran's lay reports of continuity of symptoms since service.

The Board has determined that the Veteran did not meet the criteria for service connection for any of the claimed disabilities, including a right knee disability. The effective date for an award of service connection for degenerative joint disease of the right knee is denied.

The Board has determined that the Veteran does not meet the requirements for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only due to his service-connected disabilities.

The Veteran's ankle and lumbar disabilities have been granted initial evaluations, with the left ankle disability receiving a 20 percent evaluation from March 30, 1999, to November 17, 1999; a 30 percent evaluation from November 17, 1999, to April 6, 2001; and a 40 percent evaluation from April 6, 2001. The right ankle disability received a 20 percent evaluation from March 30, 1999, to January 11, 2011, and a 30 percent evaluation thereafter. The lumbar disability was granted an initial 40 percent evaluation effective February 4, 2000.

The Veteran's appeal is being remanded for further development, including VA examinations to assess the nature and etiology of his right ankle disorder and the severity of his service-connected pseudofolliculitis barbae.

The Veteran's left ankle disability is currently rated at 10 percent, but the examination findings suggest a more severe limitation of motion. The Board finds that the evidence does not support an evaluation in excess of 10 percent.

The Board denied service connection for a left ankle disorder due to the lack of evidence linking current symptoms to service. Service connection was granted for a chronic left ankle sprain with instability based on continuity of symptomatology since service.

The Board denied the Veteran's claims for service connection for bilateral ankle strain, bilateral pes planus, bilateral pinguecula, and bilateral hallux valgus. The evidence did not show any injury or disability of these conditions in service or until more than a year after service separation.

The Board has determined that new and material evidence has not been presented to reopen the service connection claims for arthritis, bilateral leg disorders, left foot disability, and left ankle condition. The claims remain denied.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's claim for service connection for a right ankle disability has been granted, and the appeal is dismissed as there are no remaining issues.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the local regional office.

The Board finds that the Veteran's low back disorder, chronic left and right ankle sprains, and sinusitis are all service-connected as they started during his military service and have persisted since then.

The Veteran's claim for an earlier effective date for TDIU was denied as he did not meet the schedular criteria for TDIU prior to June 18, 1998 and there is no evidence of unemployability due to service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining missing service records and treatment records. The Veteran's left ankle disability will be evaluated in light of her pre-service injury and any aggravation during service.

The Board has ordered the case to be remanded due to insufficient reasoning in the previous decision and the need for additional VA examinations.

The Veteran's service-connected disabilities do not render him unemployable. A new VA examination is needed to determine if there has been a material change in his disability picture.