Ankle decisions — 2014

The Veteran's initial grant of service connection for post-traumatic arthritis of the left ankle was granted in December 1997 and a rating of 20 percent has been assigned since then. The Board found that from September 19, 2005 to May 15, 2009, the criteria for a 30 percent rating were met due to ankylosis in plantar flexion between 30 and 40 degrees or in dorsiflexion between 0 and 10 degrees. Since May 11, 2013, the evidence supports ankylosis of the left ankle in dorsiflexion between 0 and 10 degrees, warranting a rating to 30 percent.

The Veteran's claims for service connection for right knee, right ankle, and right elbow disabilities other than fibromyalgia have been denied as there is no objective evidence of a current chronic disability in these areas.

The Board has remanded the case due to the need for a VA examination and the need to obtain outstanding VA treatment records.

The Board has remanded the Veteran's claims due to incomplete VA medical records and a need for a new examination of his right ankle disability.

The Veteran's right and left ankle disabilities have been rated at 20 percent each, the highest possible under Diagnostic Code 5271. The TDIU claim has also been granted.

The Board has determined that there is no current evidence of a bilateral ankle disability or tinnitus, and the Veteran's hearing loss does not meet the criteria for service connection. The claim for a knee disability secondary to lumbar spine degenerative joint disease was not adjudicated.

The Veteran's claim for an increased evaluation of his service-connected fractured left ankle was denied by the Board. The current evaluation is 20 percent, effective from September 28, 2001.

The Board has determined that the Veteran's left knee and left ankle disabilities had their onset during his period of honorable service from September 5, 2000, to September 4, 2004. Therefore, these conditions are considered incurred in or aggravated by service.

The Board has determined that the Veteran's blackouts and dizziness are not service-connected, as they are symptoms of his hypertension. The fractures to the right arm and ankle were also not incurred in or aggravated by active service. Service connection for these conditions is denied.

The Veteran's claims for increased ratings for post tibia tendonitis, left ankle and hammertoes of the left foot are being remanded due to the need for updated medical records and a new VA examination.

The Board has dismissed the appeal due to a failure to timely file a substantive appeal within the required time frame.

The Board has determined that the Veteran's hip, low back, left knee, and left ankle disabilities are not service-connected as they did not manifest during active duty or are not related to his military service.

The Veteran's claims for service connection of a right ankle disorder and an initial rating for his left ankle disability are both pending, with the latter having been granted. The right ankle claim remains unresolved.

The Veteran's multiple service-connected disabilities do not render him unable to obtain or retain substantially gainful employment.

The Veteran's sinusitis is granted as secondary to service-connected allergic rhinitis.,A 30 percent evaluation is granted for the Veteran's cervical spine disability. The effective date of this rating decision is not specified.,The Veteran's asthma is denied, with no higher than a 10 percent evaluation being granted.,A 30 percent evaluation is granted for the Veteran's muscle tension headaches.,A 10 percent evaluation is granted for each of the Veteran's elbow tendonitis conditions.,The Veteran's allergic rhinitis is denied and remains at its current 0 percent rating.

The Veteran's appeal is being remanded for further development, including an examination to determine the nature and etiology of his claimed right shoulder, left knee, and left ankle disabilities.

The Board has determined that the Veteran's current right ankle condition is not related to her service, and thus denied her claim for service connection. The issue of service connection for a low back disability remains pending as it was not addressed in this decision.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected cervical spine disability and its impact on his ability to work. The TDIU claim will be adjudicated as part of this process.

The Veteran's initial noncompensable rating for osteochondritis dissecans of the right ankle from January 12, 2009 until April 16, 2012 was granted. From April 17, 2012, he is now entitled to a compensable rating.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing on his service connection claims and obtaining a VA examination to assess the current severity of his bilateral inguinal hernia.