Ankle decisions — 2013

The Veteran's right ankle disability is rated at 20% since May 9, 2011. Prior to that date, the disability was rated at 10%. The Board found that the evidence supported a higher rating based on marked instability of the right ankle.

The Veteran's appeal has been withdrawn, and all issues on appeal have been dismissed.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the VA examiner did not cause any additional disability resulting from the examination, as there is no evidence that the actions of the VA examiner were either careless, negligent, or caused an event not reasonably foreseeable.

The Board has determined that the Veteran's lumbar spine disorder, right ankle disorder, and left ankle disorder are related to his service-connected post-operative residuals of a left knee injury. The claims for these conditions have been granted.

The Board has determined that the Veteran's current right ankle disability is due to his service-connected plantar wart of the right foot, and thus grants service connection for this condition.

The Veteran's lumbar spine disability has been rated at 10 percent since July 31, 2009. The rating is based on the presence of mild anterior wedging and disc space narrowing without any other service-connected conditions or exposure basis.

The Veteran's claim for higher ratings for his left ankle disability was denied as the evidence did not support a rating in excess of 20 percent.

The Veteran's right ankle disability is related to his active military service and the Board grants service connection for this condition.

The Veteran's service-connected residuals of a left ankle injury are rated at 10 percent, and his service-connected left foot heel spur and plantar fasciitis, post-operative is currently rated as 10 percent.,Both conditions have been granted compensable ratings.

The Veteran's service connection claims for cervical spine, low back, left and right knee, and left and right ankle disabilities are denied as the evidence does not support a finding that these conditions were incurred or aggravated by his military service.

The Veteran's claims for increased evaluations for his service-connected left ankle injury, right knee, and left knee patellofemoral pain syndrome are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for bilateral hearing loss, left ankle disorder, left shoulder disorder, right wrist disorder, and left knee disorder were previously denied due to lack of current diagnoses. New evidence has been submitted that raises a reasonable possibility of substantiating these claims.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to address his claims of service connection for various knee and ankle disabilities.

The Board has determined that the Veteran's avulsion fracture of the right lateral and medial malleolus existed prior to service, while his chronic right ankle sprains with arthritis likely preexisted service. The claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA records. The Veteran's claims for arthritis of various joints are being reviewed.

The Board denied service connection for right ankle injury, cervical spine disability, lumbar spine disability, and left hip disability as the conditions are not shown to be related to military service.

The Board denied the Veteran's claims for service connection for morbid obesity, sleep apnea, gout, degenerative joint disease of the thoracic spine, right ankle arthritis, and left knee arthritis. The Board found that these conditions are not related to his military service or a service-connected disability.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's right ankle disability, which has been rated as 20 percent disabling under Diagnostic Code 5271 for limitation of motion, does not meet the criteria for a higher rating due to lack of ankylosis. The current condition is evaluated based on its functional limitations and pain, but these do not warrant a higher rating.

The Veteran's claims for service connection for various disabilities, including hearing loss and spine conditions, were denied as there was no evidence of in-service injury or disease that would support the current diagnoses.,Service connection could not be established for any of the claimed disabilities due to a lack of credible evidence linking them to service.