Ankle decisions — 2015

The Veteran's left ankle degenerative arthrosis due to reconstructive surgery is rated at 30 percent, the highest available under Diagnostic Code 5271 for limitation of motion. The Board finds that his symptoms more nearly approximate ankylosis of the left ankle, warranting a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Veteran's appeal is being remanded for scheduling a video conference hearing. The claims of service connection and increased rating remain in an unresolved state.

The Veteran's right ankle disability is rated at 20 percent, effective September 22, 2009. The rating for his right knee disability remains at 10 percent. His right ankle surgical scars are rated as compensable (10 percent) since April 14, 2014. A noncompensable rating is assigned for his left ankle disability and a 10 percent rating is assigned for his bilateral hydroceles/varicoceles.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examination.

The Veteran's appeal is being remanded for issuance of a Statement of the Case on his claims for service connection and TDIU. The case will be returned to the Board only if he perfects his appeals.

The Veteran's service-connected right ankle disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Veteran's neuroma of the cutaneous nerve of the left ankle is rated at 10 percent, which is the maximum schedular rating available under VA guidelines. The Board found no evidence to support a higher evaluation based on severe neuritis, severe incomplete paralysis, or complete paralysis.

The Veteran's appeal for service connection for PTSD has been withdrawn. The Board is dismissing the appeal as to this issue.

The Veteran's left ankle disability was evaluated at a 10 percent rating prior to September 24, 2013 and at a 20 percent rating on and after that date. The Board found no evidence of marked limitation of motion or x-ray evidence of involvement of two or more major joints with occasional incapacitating exacerbations.

The Board has determined that the Veteran's right ankle condition is related to his active duty service and granted service connection for this condition. The back condition, however, was not found to be directly related to service.

The Veteran's right ankle disorder was rated at 30 percent prior to February 23, 2011 and increased to 40 percent effective February 13, 2013. The Board found that the criteria for a higher rating were not met before February 23, 2011 but since then, the right ankle disorder warranted a 40 percent rating.

The Veteran does not have a current bilateral ankle sprain disability and the Board finds that any such disability is not related to service.

The Veteran's service-connected bilateral pes planus and traumatic arthritis of the talonavicular joints of the ankles have been granted a maximum schedular rating, with no further increase in disability ratings.

The Veteran's claim for service connection for a bilateral knee disability was denied, and his claim for an increased rating for right ankle neuropathy was also denied. The issue of TDIU is not addressed as a separate issue from the service connection claims.

The Veteran's appeal for an increased rating and earlier effective date for service connection of residuals of a left ankle sprain was denied. The Board found that the March 2002 denial is final, and no new evidence had been submitted to reopen the claim prior to August 6, 2009.

The Board has granted service connection for left and right knee disabilities (arthritis) as secondary to the service-connected residuals of a fracture of the left ankle, right ankle disability (osteoarthrosis), bilateral hearing loss disability, and tinnitus due to in-service acoustic trauma.

The Veteran's claims for increased evaluations for hypertension and right ankle disorder are being remanded due to the need for additional examinations and the submission of updated medical records.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of his appeal regarding initial compensable disability ratings for ejaculatory anhedonia/secondary anorgasmia and scar, right little finger. The remaining claims are pending.

The Board denied the Veteran's claims for increased ratings for his right knee disability, finding that the evidence did not support a higher rating based on limitation of motion or instability. The preponderance of the evidence was against granting any higher rating.