Ankle decisions — 2014

The Veteran's left ankle disability is currently rated as 0 percent disabling under Diagnostic Code 5271, for moderate limited motion of the ankle. The appeal has been denied.

The Board has determined that the Veteran's tinnitus is related to her active service and has granted service connection for this condition. The issue of a left ankle disorder, including lymphedema, remains pending as additional development is needed.

The Veteran's service-connected right ankle and patella disabilities are currently rated at 10 percent each, but the Board finds that neither condition warrants a higher rating based on current evidence of record.

The Veteran's TDIU claim is being remanded for additional development, including obtaining medical records and a vocational examination to evaluate the impact of his service-connected disabilities on his employability.

The Veteran's appeal for service connection for diabetes mellitus type II was withdrawn prior to the Board's decision. The remaining claims of service connection for a respiratory disorder, bilateral ankle disability, and bilateral knee disability are remanded.

The Veteran's left ankle tendonitis is currently rated at 20 percent, the maximum schedular rating for this condition without ankylosis. The appeal is denied as there is no evidence of left ankle ankylosis in the medical records.

The Veteran's claims for service connection have been granted, with the exception of his claim for a general disorder of the joints and muscles. The Board found that new and material evidence had been received to reopen his left knee disability claim, but denied all other claims.

The Veteran's appeal is being remanded to obtain additional medical opinions and records. The case will be readjudicated after the completion of these actions.

The Board has determined that the Veteran does not have a diagnosed low back or left ankle disability, and thus service connection for these conditions is denied.

The Veteran's right ankle disability is currently rated at 20 percent, effective July 9, 2007. His asthma remains rated at 30 percent.

The Veteran's obstructive sleep apnea and right ankle disorder were not incurred in or aggravated by service, and the Board denied both claims.

The Board has determined that the reduction in the evaluation for post-operative right ankle sprain with internal fixation and degenerative joint disease from 20 to 10 percent was not proper. The Veteran's disability rating remains at 20 percent.

The Board has determined that the Veteran's July 31, 2009 treatment at Florida Hospital Flagler was within the scope of retroactively authorized follow-up visits for his left ankle surgery and thus grants payment or reimbursement for these expenses.

The Board has determined that the Veteran's claimed conditions are not related to service and have denied his claims for service connection.

The Veteran's appeal is being remanded due to the need for additional examinations to assess the current severity of his service-connected left ankle sprain with osteoarthritis, temporomandibular joint dysfunction, and dyssomnia. The VA will schedule appropriate examinations during periods of exacerbation of these conditions.

The Veteran's service-connected right ankle fracture is currently rated at 10 percent from October 1, 2010 to July 11, 2013 and granted a higher rating of 10 percent from July 12, 2013. The appeal was decided in favor of the Veteran.

The Board finds that the Veteran's current right side and bilateral ankle and hip disorders were not present in service or until many years thereafter, and are not related to either an incident of service origin or his service-connected lumbar back and bilateral knee disabilities. Therefore, service connection is denied.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has remanded the claims due to incomplete service treatment records and a need for further development.

The Veteran's residuals of a fracture of the left ankle have been rated at 20 percent since the effective date of service connection, which is not in dispute. The Board finds that his symptoms, including pain and limited motion, warrant this rating.