Ankle decisions — 2013

The Veteran's left ankle disability was rated at 20 percent since October 14, 2003. The RO proposed reducing the rating to 10 percent effective March 1, 2010, but this reduction was improper due to lack of material improvement in her condition under ordinary conditions of life and work.

The Board has determined that the Veteran's left ankle and right hip disabilities are at least as likely as not aggravated by his service-connected right great toe hallux rigidus.

The Veteran's service-connected disabilities include fatigue, sleep apnea, and obesity. The Board granted service connection for bilateral ankle strain and bilateral patella tendonitis as proximately due to his service-connected obesity. Service connection was denied for a meniscus tear of the right knee, chronic pain of the wrists, hands, and fingers (including carpal tunnel syndrome), and hiccups and muscular twitching of the eyes as not related to active service or an undiagnosed illness.

The Veteran's appeal for higher initial ratings for his right ankle disability was denied. The current evaluation of 20 percent is appropriate given the marked limitation of motion, but no ankylosis or other conditions warranting a higher rating.

The Board found that the Veteran's preexisting left foot pes planus was not aggravated by service and did not have an increase in disability. The Board also determined that his current left ankle, knee, and hip disabilities were not incurred or aggravated by service.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records.

The Veteran's claim for higher ratings for left ankle arthritis prior to February 15, 2008 and since that date was denied. The Board found no evidence of limitation of motion or other compensable symptoms.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed conditions, including hypertension, skin condition, foot disability, ankle disability, knee disabilities, and leg disabilities. The VA will provide examinations and seek medical opinions regarding these claims.

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

The Veteran's appeal includes claims for various disabilities, including bilateral hearing loss and low back disability. The case is being remanded to obtain additional medical records and adjudicate the issues.

The Board has dismissed the appeal on service connection for status post fracture, right fourth finger. The Veteran's claim of service connection for right ankle disability is denied as there is no evidence that his current right ankle degenerative joint disease had its onset in service or is otherwise related to active duty.

The Veteran's claims for increased ratings of his low back, right knee, and right ankle conditions have been denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claims for service connection for bilateral knee and ankle disabilities are being remanded due to the need for a third hearing before a VLJ.

The Board found that the Veteran's left ankle, right ankle, and bilateral knee disabilities were not incurred or aggravated during active duty service. The VA examinations did not find any evidence of chronicity of these conditions within one year post-service.

The appellant's combined disability rating is 60 percent, which does not meet the threshold for schedular consideration of a TDIU. The VA examiners concluded that he could engage in fully gainful employment despite his service-connected disabilities.

The Veteran's cervical spine disability (strain) and left ankle disability are not service-connected as there is no current evidence of these conditions during the appeals period.,Bilateral pes planus was pre-existing but did not worsen due to military service. The Veteran has been granted service connection for this condition.

The Veteran's bilateral inguinal hernia disability is not service-connected as there was no evidence of a pre-existing condition during service and the current condition did not manifest until after discharge. The other issues were either not addressed or are not supported by sufficient evidence.

The Board has determined that new and material evidence has not been received to reopen the previously denied claims of service connection for right and left ankle disabilities. The Veteran's complaints are related to his back, not his ankles.

The Veteran's initial claim for a compensable rating for her left ankle strain prior to August 28, 2009 was denied by the Board.

The Veteran's right knee and right ankle disabilities are currently rated at 10 percent each, but the Board finds no evidence to warrant an increase in these ratings.