Ankle decisions — 2014

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher initial disability ratings for his mood disorder, left and right ankle disabilities, and bilateral pes planus with hallux valgus.

The Board has granted service connection for a contusion of the medial right ankle, finding that it is related to an in-service injury. Service connection for pes planus was denied as there was no evidence of aggravation during service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including those related to increased ratings for cervical spine disorder, low back disorder, left foot disability, left ankle disorder, and right ankle disorder. The issues of service connection for a hip disorder are also inextricably intertwined with these other claims.

The Board has determined that the Veteran's claimed conditions, including headaches, right and left ankle disabilities, and myopia, were not incurred in or aggravated by service. The claims are denied.

The Veteran's right ankle disability is rated at a 20 percent rating, the highest available under VA regulations.

The Board found that the Veteran's preexisting bilateral pes planus and hallux valgus were aggravated by his active military service, and granted service connection for these conditions. The current chronic bilateral ankle strain was also found to be incurred in active military service.

The Board has determined that there is no current right ankle disability and thus, service connection for a right ankle disorder cannot be granted.

The Board has determined that there is a baseline level of severity for nonservice-connected right knee and right ankle arthritis established by competent medical evidence and attributable to the service-connected left knee and ankle disabilities. The evidence is, at worst, in equipoise, and resolving doubt in the Veteran's favor, service connection for arthritis of the right knee and arthritis of the right ankle is granted.

The Board has granted a 20 percent rating for the Veteran's left ankle disability, effective from February 21, 2013. A separate 20 percent rating is also granted for bilateral shin splints as secondary to the service-connected left ankle disability.

The Board found no evidence of a chronic right or left ankle disability during service and denied the Veteran's claims for these disabilities. The Board also found that sleep apnea was not incurred in service.

The Board has ordered the Veteran to undergo VA examinations for his bilateral hearing loss and left ankle disability. The claims are being remanded due to the Veteran's inability to appear for these examinations.

The Veteran's service-connected left ankle disability required a temporary total convalescent rating from May 13, 2011 to August 31, 2011 due to severe postoperative residuals. The rating was extended through November 30, 2011.

The Board has denied the Veteran's claims of service connection for Tietze's syndrome, left ankle disability, and right ankle disability as there is no evidence of these conditions during the period of his claim.

The Veteran's service-connected disabilities do not render him unemployable as he has worked in various sedentary positions and is capable of engaging in less physically demanding work.

The Veteran's appeal is being remanded due to his recent move and the need for a rescheduled Board hearing. The issues of entitlement to service connection for multiple disabilities are referred back to the AOJ.

The Veteran has withdrawn his appeals for prostate cancer and a left ankle disability, effectively dismissing these matters.

The Board has determined that the Veteran does not have current right or left ankle disabilities, and thus cannot establish service connection for these conditions.

The Board has granted an initial 20 percent disability rating for the Veteran's service-connected chronic right ankle strain, effective from the date of the decision.

The Board has determined that the Veteran does not have current diagnoses of fibromyalgia, cervical spine, stomach, right hip, right knee, or right ankle disorders. The adjustment disorder is rated at 50% and no higher.

The Board has determined that the claims must be remanded for new VA examinations to properly assess the Veteran's current level of disability due to his service-connected PTSD, depressive disorder not otherwise specified, and panic disorder without agoraphobia, as well as his left ankle sprain. Additionally, all relevant VA treatment records from 1991 to present should be obtained.