Ankle decisions — 2013

The Board has found no current disability of the back and denied service connection for a low back disability. The Veteran's right ankle disability was not incurred in or aggravated by service, as there is no evidence of an injury during service. Service connection for bilateral shin pain was also denied due to lack of a diagnosed condition.

The Veteran's claim for an earlier effective date for service connection for residuals of left ankle injury has been granted, with a 10% evaluation assigned.

The Board has determined that the Veteran's current arthritis of the right arm, wrist, ankle, and back injury did not develop or permanently increase in severity during any period of service.

The Veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment.

The Veteran's currently manifested traumatic septal deviation results from trauma during active military service, and the Board finds that he is entitled to service connection for this condition. The claim of entitlement to service connection for residuals of right ankle injury was also granted.

The Board denied the Veteran's claims for service connection for left ankle and foot conditions, as well as his claim for an increased rating for right ankle tendonitis with limitation of motion. The Board found no evidence of a current disability or a diagnosis of these conditions in service or post-service.

The Veteran requested to withdraw his appeal, which was dismissed by the Board.

The Board found that the Veteran's left knee and right ankle disabilities were not incurred in or aggravated by active service.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his left ankle and bilateral hip disabilities, including as secondary to a service-connected left knee disability.

The Veteran's service connection for bicipital tendonitis of the right shoulder was granted, and he is currently rated at 10 percent for his left ankle disability. The initial ratings for his low back and cervical spine disabilities remain unchanged.

The Board granted service connection for heart disease, bronchitis, and sinusitis. The Veteran's initial compensable evaluation for left ankle degenerative joint disease was denied. Service connection for hiatal hernia was also granted but with a noncompensable evaluation.

The Veteran's service-connected disabilities (PTSD and right ankle fracture) are of such severity that they prevent him from securing or following a substantially gainful occupation, warranting a TDIU rating.

The Board denied service connection for a bilateral ankle condition and a back condition, finding that the probative weight of the evidence does not demonstrate a current diagnosis or a link to service.

The Board has granted service connection for a right ankle disability and is granting the claim of fibromyalgia, as it relates to undiagnosed illness due to military service.

The Board denied the Veteran's claims for service connection for left ankle injury and low back disorder, finding no evidence of chronic disability during or within one year after service.

The Veteran's claim for an earlier effective date for the assignment of a TDIU was denied as it is not factually ascertainable that he was unable to obtain or maintain gainful employment within the year preceding May 21, 2010.

The Board has determined that additional development is needed to obtain medical records and provide the Veteran with appropriate examinations regarding his claimed bilateral ankle disorder, low back disorder, and left hand/wrist disorder. The case will be returned to the RO for further action.

The Veteran's service-connected traumatic arthritis of the right knee is currently rated as 10 percent disabling, and no higher. The evidence shows that the Veteran has flexion limited to 130 degrees with mild functional limitations.,The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated as 20 percent disabling, and no higher. The evidence shows that the Veteran has forward flexion limited to 85 degrees, extension limited to 20 degrees, and minimal functional limitations.

The Veteran's appeal is remanded for the purpose of obtaining additional VA and private treatment records, including those from Dr. Wilton, to determine if arthritis in August 2005 was the cause of his right ankle pain in September 2004 or earlier.