Ankle decisions — 2012

The Board denied service connection for lumbosacral spine spondylosis, degenerative joint disease of the bilateral wrists, bilateral knee replacement, and degenerative joint disease of the left ankle as these conditions are not related to active service.

The Veteran's claim for an increased evaluation above 20 percent for residuals of right ankle fracture prior to August 17, 2005 was denied. His claim for an increased evaluation in excess of 30 percent for residuals of right ankle fracture from November 1, 2005 (exclusive of temporary total convalescent ratings) was granted.

The Board denied service connection for neck and back disabilities as well as gout of the right hand, elbows, knees, and ankles. The Veteran's claims were based on direct evidence rather than a presumption or secondary service connection.

The Board found that the Veteran's current right ankle disability did not result from an injury or disease incurred in service and denied his claim for service connection.

The Veteran withdrew his appeal regarding the claim for a separate compensable evaluation for bilateral ankle disabilities, currently evaluated under service-connected bilateral pes cavus with plantar arch strain.

The Veteran's claim for an effective date prior to October 26, 2006 for the grant of service connection for right ankle tenosynovitis is granted. The claim for reopening of service connection for a left ankle disorder and psychiatric disorder is also granted.

The Veteran's left ankle disability was granted an increased rating to 20 percent effective August 1, 2011.

The Board has reopened the Veteran's claim for service connection of residuals of a right ankle injury due to new and material evidence received since the March 2006 rating decision. The claim is granted as his current right ankle disorder is found to be etiologically related to an in-service right ankle injury.

The Veteran does not have a current bilateral knee or right ankle disorder, and the VA examiner found no connection between her service-connected right hip disorder and these conditions. The low back disorder was diagnosed as mild scoliosis of the lumbar spine, which is considered a congenital defect.

The Board has determined that the Veteran's current left ankle disability is related to his in-service injury and finds service connection for this condition is warranted.

The Board has remanded the case for additional development due to missing records and incomplete information.

The Board is remanding the case for further development, including severance of service connection for the right knee and adjudication of the left ankle fracture claim. The Veteran's request for an initial rating higher than 10 percent for his right knee disability remains pending.

The Board found that there is no competent evidence of a current diagnosis of a chronic disorder resulting from an in-service left ankle injury. The Veteran's claim for service connection for a left ankle disability must be denied.

The Board has determined that the Veteran experienced chronic inservice right knee, left knee, and right ankle disorders. As such, service connection is granted for these conditions.

The Board has determined that there is no evidence of a current diagnosis or chronic disability related to the Veteran's claimed bilateral knee and ankle disorders. The service treatment records do not show any complaints, diagnoses, or treatment for these conditions during his military service. Therefore, the claims for service connection are denied.

The Board has determined that the Veteran's bilateral wrist and ankle disorders are related to his military service, including exposure to cold weather during his time in Korea.

The Veteran's service-connected traumatic arthritis of the right ankle is currently rated at 10 percent, but does not meet the criteria for a higher rating as there is no evidence of marked limitation of motion or ankylosis.

The Veteran is entitled to additional vocational rehabilitation services under Chapter 31, Title 38 of the United States Code due to his current occupation being closely related to his Individualized Employment Assistance Plan and necessitating the authorized training.

The Veteran's appeal has been withdrawn due to his grant of a total disability rating based on individual unemployability (TDIU). As such, all remaining appeals have been dismissed.

The Board has granted a 20 percent rating for the Veteran's right ankle disability with scar, effective from the date of the November 2009 decision.