Ankle decisions — 2013

The Board found that the reduction from a 30 percent to a 10 percent disability rating for traumatic arthritis, status post fracture, of right ankle was warranted due to improvement in range of motion.

The Veteran's appeal for service connection for a bilateral ankle disorder, to include Achilles tendonitis, has been withdrawn. The remaining issues of entitlement to increased ratings for chronic sinusitis and hemorrhoids, as well as TDIU, are addressed in the REMAND portion of this decision.

The Veteran's left ankle degenerative joint disease resulted in moderate limitation of motion before December 21, 2007, and marked limitation of motion from March 1, 2008. The disability warrants a 20 percent evaluation under Diagnostic Code 5271.

The Board has determined that the Veteran does not have a current right ankle disability related to service and therefore, service connection for residuals of a right ankle sprain is denied.

The Board found that the Veteran's current left ankle disability is not related to his active military service and denied his claim for service connection.

The Veteran's appeal involves multiple issues related to his service-connected arthritis, including claims for increased ratings and a TDIU. The Board has granted secondary service connection for the low back disorder due to pes planus, but denied other claims.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of qualifying conditions.

The Board found that the Veteran did not have current bilateral knee disabilities related to active service and denied his claims for service connection. The evidence showed no complaints, symptoms, or diagnoses of knee problems during service, and no continuous symptoms since separation from service.

The Veteran's right ankle sprain disability is currently rated at 10 percent, the maximum schedular rating available. The Board finds that a higher rating is not warranted as there is no evidence of marked limitation of motion.

The Veteran's claims for service connection for right ankle, left ankle, right knee, and left knee disabilities are denied as these conditions were not shown to be related to his military service.

The Board has determined that the Veteran's bilateral ankle and knee disabilities did not have their onset during active service or within one year thereafter, and are not related to any event in service. The VA examiner opined that these conditions are more likely due to post-service activities such as construction work.

The Board found that the Veteran's claimed ankle, leg, knee, and hip disorders did not have their onset during service or within one year of service. The VA examiner determined these conditions were less likely as not permanently aggravated by his service-connected lumbosacral strain.

The Board has denied the Veteran's claims of service connection for a right knee disability, residuals of a right ankle sprain, and seizure disorder due to his failure to report for VA examinations.

The Veteran's bilateral ankle disability, characterized by reduced range of motion, is found to be due to service-connected ankle sprains. The Board grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and requesting a medical opinion regarding her unemployability due to service-connected disabilities prior to May 1, 2010. The case will also be referred to the Director of Compensation Services for extraschedular consideration.

The Veteran has been shown to have a scar of the right ankle area related to an in-service injury, and the Board finds that service connection for residuals of a right heel injury is granted.

The Veteran's service-connected PTSD with major depressive disorder contributed substantially to his death from congestive heart failure due to coronary artery disease and diabetes.

The Veteran's claims for higher initial ratings for myositis ossificans of the right hip, arthralgia of the right ankle, and thoracolumbar spine strain were denied as her service-connected conditions do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has dismissed the appeal due to the death of the appellant.

The Board found that the Veteran does not have a bilateral ankle disorder that is attributable to service, and therefore denied his claim for service connection.