Ankle decisions — 2015

The Veteran's left ankle strain has not resulted in ankylosis, malunion, or astragalectomy; and the range of motion of the left ankle has not been so functionally limited as to be classified as marked.,The Veteran's left hip strain does not result in any ankylosis, hip flail joint, impairment of the femur, limitation of abduction, limitation of adduction, limitation of rotation, limitation of extension to 5 degrees, or limitation of flexion to 30 degrees.

The Board granted a 10 percent evaluation for DJD of the left knee prior to June 1, 2012, and denied entitlement to TDIU prior to that date.

The Board has remanded the case for additional development, including obtaining medical records and opinions regarding the Veteran's claims.

The VA determined that the Veteran's current diagnosed right and left ankle disabilities did not have their onset during service or are otherwise related to active duty. The Board found no evidence of chronic symptoms in service, and there is no showing of arthritis within one year post-service.

The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining medical opinions regarding the etiology of his left knee and ankle disorders.

The Veteran's left ankle disability is manifested by pain, instability, weakness, and incoordination, but no more than moderate limitation of motion. The Board finds that the criteria for an initial disability rating of 20 percent have been met.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, effective March 11, 2011. The claims for hypertension and anxiety/depressive disorder were denied as new and material evidence was not submitted to reopen these claims. Service connection for bilateral knee disorders, hearing loss, tinnitus, hip disorder, ankle disorders, and lumbar spine disorder are all denied.

The Veteran's left ankle disability is service-connected as secondary to his service-connected right ankle disorder. The claims for service connection for the left shoulder and chloracne are denied.

The Veteran's claim to reopen his previously denied service connection for left ankle degenerative joint disease is being remanded due to a potential issue of clear and unmistakable error in the April 1989 rating decision.

The Veteran's appeal is remanded for additional development, including obtaining updated VA and private treatment records, as well as a VA examination to assess the severity of his bilateral shin splints and any related knee and ankle disabilities.

The Veteran's lumbar strain disability is rated at 10 percent, effective from March 25, 2010. The issues of increased ratings for the right ankle and depression disabilities are also addressed.

The Veteran's tinnitus is service-connected, and he was granted a 10 percent rating for his right ankle disability. The left ankle disability has been rated as non-compensable prior to February 8, 2013, but the Board found that a higher rating of at least 10 percent is warranted since then.

The Board has determined that the Veteran's claimed left knee disorder, right ankle disorder, lumbar spine disorder, and sciatica are not service-connected as they do not have a direct relationship to his military service or any service-connected conditions.

The Veteran's service-connected disabilities (left ankle disability and right ankle disability) have been rated based on their combined total rating of 60 percent. The claim for TDIU has been granted.

The Veteran's service-connected disabilities, including right knee degenerative joint disease, left knee strain, residuals of a fracture of the right tibia and fibula, right ankle degenerative joint disease, and left eye corneal inferior scar, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection for bilateral wrist, right foot, and right ankle disabilities were denied as there is no current evidence of a diagnosed disability in the record.

The Board finds that the preponderance of the evidence does not support a finding that the Veteran's current left ankle disorders are related to his active military service. The VA examiner determined that the Veteran's current left ankle disabilities are less likely than not incurred in or caused by the claimed in-service injury or event.

The Veteran's left ankle disability is rated at the maximum allowable under DC 5271, and a higher rating is not warranted.,The Veteran's left foot plantar fasciitis is currently rated as 20 percent disabling, which represents the highest available rating under DC 5276. A higher or separate rating is not warranted without evidence of ankylosis, astragalectomy (the surgical removal of the talus bone), or malunion of os calcis or astragulus bones.,The Veteran's left knee bursitis does not meet the criteria for a compensable rating under any applicable DCs. The highest available rating is 10 percent under DC 5284, as it is rated as 'other foot injury'.,Bilateral hearing loss is currently rated at zero percent and no higher ratings are warranted based on the provided information.