Ankle decisions — 2014

The Veteran's right ankle disability is currently rated at 20 percent, effective February 19, 2009. The claim for an increased rating for PTSD prior to June 27, 2012 and thereafter has been withdrawn.

The Board has determined that there is no current right ankle disorder for which service connection can be granted.

The Board has remanded the issues of service connection for bilateral ankle and knee disorders on direct and secondary bases due to inadequate prior opinions.

The Board has remanded the case for further development, including obtaining SSA disability records and private treatment records from Sacramento, California. The Veteran's right ankle and low back disabilities are also being examined to determine their relationship to service.

The Veteran's left ankle disability, manifested by X-ray evidence of arthritis and no more than moderately limited range of motion with subjective complaints pain, weakness, and lack endurance without malunion of the os calcis or astragalus or ankylosis of the ankle, subastragalar or tarsal joint, is currently rated as 10 percent disabling.

The Veteran seeks service connection for a right ankle disorder secondary to non-Hodgkin's lymphoma and an increased rating for his non-Hodgkin's lymphoma. The Board finds that additional development is needed, including obtaining updated treatment records and affording the Veteran with VA examinations to determine the nature of his current conditions.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records, personnel records, and VA/Non-VA medical records. The TDIU issue is inextricably intertwined with the service connection claims.

The Board has determined that the Veteran's service connection claims for left hand fracture and left foot/ankle arthritis are denied as there is no evidence of a current disability related to service.

The Board has determined that the Veteran's current right ankle disability is not related to service or his in-service injury, and therefore denied his claim for service connection.

The Board has remanded the Veteran's claims for additional development due to incomplete VA examinations. The issues of service connection and TDIU are inextricably intertwined.

The Board has remanded the claims for a back disability and right ankle disability due to inadequate opinions from the VA examiners. The Veteran's statements of having pain since service are not addressed in the current opinions.

The Veteran's right ankle disability was initially rated at 10 percent effective March 13, 2008. The Board has determined that the disability most closely approximated moderate limitation of motion prior to November 14, 2013 and marked limitation of motion from that date onward.

The Board has determined that the Veteran's claims for increased evaluations of her residuals of a right ankle strain, stress fractures of both tibiae, and allergic rhinitis are denied as there is no evidence showing impairment warranting higher ratings under applicable diagnostic codes.

The Veteran's service-connected left ankle disorder is currently evaluated at 20 percent, the maximum schedular rating under Diagnostic Code 5271 for 'limited motion of the ankle.' The VA examiner found no signs of instability or tendon abnormality and noted mild weakness in resisted plantar flexion compared to the right ankle. No other issues were raised during the appeal process.

The Board denied the Veteran's claims for service connection for a right ankle disability and compensation under the provisions of U.S.C.A. § 1151 for left hip, leg, and foot disabilities, claiming they were caused by VA treatment.

The Veteran's right ankle and shoulder disabilities were not caused by participation in VA vocational rehabilitation training, and the Board denied compensation under 38 U.S.C.A. § 1151 for these conditions. The claim for PTSD was also denied as there is insufficient evidence to establish a service-connected stressor.

The Board denied service connection for right knee and ankle disorders, finding no evidence of in-service injury or chronic symptoms. The acquired psychiatric disability claim is addressed separately.

The Veteran's asthma was aggravated during service, and her left knee disability is due to military service. The Board granted service connection for these conditions.

The Veteran's combined rating was 80% prior to his death in December 2009, and 90% thereafter. The service-connected disabilities met the percentage requirements for a schedular TDIU, but did not render him unemployable due to their impact on his ability to secure or follow substantially gainful employment.

The Board has granted service connection for residuals of a right ankle fracture manifested by pain and found that the Veteran's current right ankle disability is related to his in-service injury. The issue of entitlement to service connection for bilateral knee disability, to include as secondary to a right ankle disability, remains pending.