Ankle decisions — 2013

The Board has remanded the Veteran's claims for additional development due to outstanding private treatment records and a need for VA examinations.

The Board denied service connection for bilateral ankle sprains, right shoulder strain, back strain, and bilateral knee strain as there was no evidence of a current disability related to service.

The Veteran's appeal is mixed, with some issues granted and others not. The Board has dismissed the issue of whether new and material evidence was received to reopen a claim for service connection for a left ankle disability due to withdrawal by the Veteran. Service connection for a low back disability remains pending.

The Veteran withdrew his appeals concerning all issues related to service connection and TDIU prior to October 22, 2010.

The Veteran's left ankle disability is not service-connected as there was no evidence of a chronic condition in service or within one year thereafter, and the current disability is not related to his military service.,The Veteran's bilateral foot disability is not service-connected as there was no evidence of a chronic condition in service or within one year thereafter, and the current disability is not related to his military service. The examiner opined that it could not be determined without resort to mere speculation whether the Achilles tendonitis is caused by any ankle inversion sprain that occurred in service.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the right knee disability was rated appropriately at 10 percent, but did not find any new evidence to reopen previously denied claims.

The Veteran's claims for service connection were granted, with the exception of those related to skin cancer and residuals of malaria. The Board found that there was an approximate balance of evidence for and against the claims as to whether the Veteran's current tinnitus, degenerative joint disease of the bilateral knees, and degenerative joint disease of the low back began during his military service.

The Board has remanded the case due to insufficient consideration of all evidence and a need for clarification regarding the relationship between the Veteran's left ankle disorder and his military service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including obtaining VA treatment records and scheduling him for a VA examination.

The Board denied a rating in excess of 20 percent for posttraumatic right ankle arthritis and did not address service connection for an acquired psychiatric disorder.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum available under DC 5271. The Board finds that his condition does not warrant a higher rating as there is no evidence of ankylosis, nonunion or malunion of the ankle joint with marked ankle disability; malunion of Os calcis or astragalus or astragalectomy.

The Board found that the Veteran's claimed disabilities are not related to her service or a service-connected disability, and thus denied her claims.

The Board found that the Veteran's preexisting bilateral ankle condition was not aggravated by service and denied his claim for service connection.

The Board has determined that the Veteran does not have current diagnoses of degenerative arthritis of the left ankle or DDD of the cervical spine, and there is no evidence linking these conditions to service. The Board finds the January 2012 medical opinion persuasive in concluding that the Veteran's left ankle gout and cervical spine disability are not related to his military service.

The Veteran's service-connected disabilities, including his right ankle sprain and bilateral hip conditions, have rendered him unable to secure or follow substantially gainful employment.

The Board has granted initial compensable ratings of 10% for residuals of a right ankle sprain and 20% for Peyronie's disease, effective February 22, 2007.

The Board found that the Veteran's service-connected conditions did not contribute substantially or materially to his death from dilated cardiomyopathy, which had an unknown etiology. The Appellant's claim for DIC benefits was therefore denied.

The Board has determined that further action is required to determine the relationship between the Veteran's current ankle, knee, hip, and shoulder conditions and his military service. The VA examiner's opinion was based on an inaccurate factual premise regarding a gap in medical records following separation from service.

The Board finds that the Veteran's current right ankle disability is related to service, specifically an in-service injury during active duty. The back disability is not related to service as it was not caused by or aggravated by the right ankle disability.

The Veteran does not have a current left ankle disability, and symptoms of left ankle pain were not caused or aggravated by a left ankle sprain during active military service or otherwise related to service.