Ankle decisions — 2014

The Board has granted a 20 percent rating for the service-connected left ankle fracture, effective from the date of examination. The Veteran's right knee and right hip disorders are not found to be secondary to his service-connected left ankle fracture.

The Board has remanded the case for further development, including obtaining treatment records and a VA fibromyalgia examination.

The Board has determined that the Veteran's left ankle disability is not etiologically related to service and is not proximately due to or aggravated by his service-connected right ankle sprain with limitation of motion.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and ankle disorders have been denied. The claim for service connection for the lumbar spine disorder has not been adjudicated as it is not part of this decision.

The Board has reopened the Veteran's claim of service connection for a left ankle disability and granted it, finding that new evidence supports the claim and that the current left ankle disorder is related to his active duty service.

The Board has determined that additional medical opinions are necessary prior to the adjudication of these claims.

The Board denied increased ratings for the Veteran's service-connected right and left ankle degenerative joint disease on an extra-schedular basis, citing that the correct facts were before them and no errors in applying regulations or laws existed.

The Veteran's left gastrocnemius strain is rated at 10 percent, his residuals of a healed fracture of the left medial malleolus are rated at 20 percent, and his lumbosacral strain is rated at 20 percent. The TDIU issue has been added to the appeal.

The Board denied the Veteran's claims for service connection in part, including for tension headaches and bilateral hearing loss. The issues of service connection for PTSD, diabetes mellitus, prostate condition, ankle/knee conditions, left side pain, and shoulder conditions were also addressed but not granted.

The Veteran's claims for service connection for bilateral knee and ankle disabilities, hypertension (secondary to PTSD), initial rating for PTSD, and TDIU were denied. The Board found that the evidence did not support a finding of in-service injury or disease resulting in current disabilities.

The Board has determined that the Veteran's current right ankle disability is not related to his active duty service, and thus denied his claim for service connection.

The Board denied all claims of service connection for various musculoskeletal disorders, finding that the Veteran did not have a current disability to which his complaints could be attributed and that any symptoms he experienced were already contemplated in the existing ratings for his service-connected peripheral neuropathy.

The Board has determined that the Veteran's service connection claims for a right shoulder disorder and a left ankle disorder have been denied as there is no evidence of direct service connection.

The Veteran's appeal regarding the September 2007 rating decision was granted, with service connection for sinusitis, bilateral plantar fasciitis, and pseudofolliculitis assigned. However, his right ankle disability remains unresolved.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, thus meeting criteria for TDIU.

The Board has reopened the Veteran's claims for service connection for right and left ankle conditions. However, as new evidence does not establish a direct link between his current conditions and active duty service, or any other basis for service connection, the claims are denied.

The Board finds that the Veteran's current left ankle disorder, manifested by 'posttraumatic' changes and osteoarthritis, is likely due to an injury he sustained during his period of active service. Service connection for this condition is granted.

The Veteran's claims for higher initial ratings for his right ankle disability and service connection for a left foot disorder were denied. The Board found that he did not meet the criteria for an initial rating higher than 10 percent for his right ankle prior to August 10, 2011 or since, nor was there evidence of secondary service connection for his left foot disorder.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for bilateral ankle and foot disabilities. However, his claims for service connection are denied as there is no medical evidence linking these disabilities to active military service or to a service-connected condition. The Veteran's current diagnoses of diabetic peripheral neuropathy have been rated at 10 percent each since March 4, 2013.

The Board has determined that the Veteran's left ankle strain does not meet or approximate the criteria for a rating in excess of 10 percent.