Ankle decisions — 2015

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his right ankle disorders, as well as the severity of his left ankle disabilities.

The Veteran's claims for service connection and evaluations have been granted, with effective dates ranging from April 29, 2008 to May 13, 2009. The specific conditions include a left knee disorder, foot disorders (pes planus and hallux valgus), left eye disorder, acquired psychiatric disorder (depression), degenerative joint disease of the right knee, ankle tendinosis, gastroesophageal reflux disease, pseudofolliculitis barbae, and shoulder rotator cuff tear.

The Veteran's claims for service connection have been reopened, but the Board is unable to make a determination on their merits due to the need for additional development of evidence.

The Veteran's right ankle disability is primarily manifested by symptoms of pain, swelling, weakness, tenderness, lack of endurance and fatigue, resulting in limited motion of the ankle that more nearly approximates moderate. A higher rating greater than 10 percent for residuals of a right ankle sprain has not been met.

The Veteran's costochondritis, left ankle osteochondral defect, and allergic rhinitis are all service-connected. The Veteran is granted increased ratings for her left ankle condition and initial compensable rating for her allergic rhinitis as of June 25, 2014.

The Board granted an effective date of December 14, 2010 for the award of service connection for right ankle degenerative arthritis with internal derangement. The Veteran's original claim was denied in August 1998 and reopened on December 14, 2010.

The Board has reopened the Veteran's claim for service connection for a right ankle disability and found that new and material evidence had been submitted. The knot on his forehead was also found to be service-connected. However, the reduction in rating for hemorrhoids is considered void ab initio due to lack of consideration of prior examinations or complaints of increased symptomatology. Other issues remain pending.

The Board has granted service connection for bilateral pes planus on a de novo basis. The Veteran's left ankle disability, right hip disability, and left eye blindness are not supported by the evidence of record. Service connection for bilateral hearing loss is denied.

The Veteran's appeal for a higher rating of his left ankle sprain is remanded due to the inextricability with his TDIU claim. His TDIU claim is also remanded as it involves consideration of whether he may be entitled to a separate or higher disability rating.

The Board has denied the Veteran's claims for service connection for a right ear disability, back disability, bilateral ankle disabilities, and frostbite of the hands and feet. The evidence does not show any right ear disability other than hearing loss and tinnitus for which the Veteran is already service connected.

The Veteran's appeals for service connection for Hanta Virus, IBS, anemia (claimed as blood thinning), left ear disability, skin disability, and leishmaniasis were withdrawn prior to the Board making a decision.

The Veteran's left ankle degenerative joint disease is found to be secondary to his service-connected bilateral pes planus with plantar fasciitis. The right knee condition claim was denied as there is no evidence of a current disability, and the Board finds that the Veteran does not have a right knee disability. Service connection for a degenerative spine condition, to include as secondary to service-connected bilateral pes planus with plantar fasciitis, is granted.

The Veteran's appeal is granted, with service connection for tinnitus established. The other issues remain on appeal.

The Veteran's urination, sinus, swollen ankles and Alzheimer's disease claims were denied as they are not service-connected.,Claims for diabetes mellitus, onychomycosis (fungus infections) and skin disorder have been previously denied. New evidence has not raised a reasonable possibility of substantiating these claims.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently assigned a 60 percent rating for his status-post right hemicolectomy, effective from November 1, 2013.

The Veteran's left ankle disability is currently rated at 20 percent, the maximum under Diagnostic Code 5271 for marked limitation of motion. The evidence does not demonstrate ankylosis or any other condition warranting a higher rating.

The Veteran's appeal is being remanded due to the need for additional VA treatment records, particularly those from June 2008 to June 2009 and January 2010 to present. The case will be returned to the Board after these records are obtained.

The Veteran's tinea versicolor has been rated at 30 percent since March 27, 2006. The Board granted a higher rating for the skin disability based on the severity of symptoms during flare-ups. Service connection for a right ankle disorder was also granted.

The Board denied an extraschedular rating for the Veteran's right ankle disability and found that he is not unemployable due to his service-connected disabilities.

The Board has determined that the Veteran's degenerative joint disease of the left foot was incurred during active service, and thus granted service connection for this condition. The claims for a left knee disability and a left ankle disability are being remanded as there is insufficient evidence to determine their etiology.