Ankle decisions — 2015

The Board has determined that the Veteran's current diagnoses of osteoarthritis in the feet, mild peripheral vascular ischemia, and arthritis of the ankles are related to service exposure to cold weather. As such, the claim for service connection for cold injury residuals in the feet and ankles is granted.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Veteran's claim for a TDIU is being remanded as the VA has not obtained an opinion regarding his employability due to service-connected disabilities. The case will be readjudicated after obtaining this information.

The Board has granted service connection for tinnitus and a left ankle disability, finding that the evidence is in equipoise on whether these conditions are related to service.

The Board denied service connection for left ankle ligament tear with residuals and granted service connection for patella spurring of the right and left knees, but denied an initial compensable disability rating for hypertension.

The Veteran's service-connected left ankle disability is rated at 20 percent, the highest schedular rating available under Diagnostic Code 5271 for marked limitation of motion. No higher evaluation is warranted as there is no evidence of ankylosis or other conditions that would allow for a higher rating.

The Board found no evidence of a chronic right ankle disability in service and denied the Veteran's claims for residuals of a right ankle sprain and arthritis of the right ankle. The Board concluded that any current right ankle disabilities are not related to his military service.

The Board has determined that the Veteran does not have a current right ankle disorder and therefore, service connection for this condition is denied. The issue of service connection for a right shoulder disorder remains pending.

The Board has reopened the claims for right and left ankle disabilities, low back disability, gastroesophageal reflux disease (GERD), headaches, and right hip disability. The claim for a rating in excess of 10 percent for right knee disability is REMANDED.

The Board has granted the Veteran's claim of service connection for a right foot/ankle disability, finding that there is reasonable possibility of substantiating his claim based on new evidence submitted since the prior denial. The Veteran's current diagnosed right ankle disability is found to be related to his active military service.

The Veteran's right shoulder disability was found to have originated in service and is granted. The low back, right leg (including the knee), right ankle, and right foot disabilities are not related to service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his in-service noise exposure. Service connection was not established for a left ankle disorder due to lack of evidence showing its onset during active duty or being otherwise related to service.

The Board has determined that the Veteran did not incur an injury or disease to his left knee in service and currently does not have symptoms or a diagnosis of a left knee disorder. His bilateral ankle strain is also not etiologically related to military service.

The Veteran's claims for service connection for right ankle and left knee disabilities, including as secondary to his service-connected right knee disability, have been denied. The Board found no new and material evidence to reopen these claims.

The Veteran's appeal involves three issues: increased ratings for left foot DJD and ankle disability, as well as service connection for a low back disorder. The Board has determined that further development is needed before these claims can be decided.

The Veteran's sleep apnea was granted service connection. Initial compensable ratings for his left and right ankle disabilities were granted from July 6, 2009 to June 12, 2011 with a rating of 10 percent each.,Ratings higher than 10 percent for the Veteran's left and right ankle disabilities were granted from June 13, 2011 to April 3, 2014 with a rating of 20 percent each. However, ratings higher than 20 percent since April 4, 2014 have been denied.,The Veteran's service-connected ankle disabilities are rated based on the criteria for limitation of motion.

The Board denied the Veteran's claims for service connection for cellulitis of the bilateral feet and a left ankle disability, to include osteomyelitis.

The Veteran's acquired psychiatric disorder, diagnosed as PTSD, is found to have been incurred during his military service. The right ankle disorder has also been linked to his service and a rating of 30 percent is assigned.

The Veteran's service-connected disabilities prevent him from being able to avoid the hazards or dangers incident to his daily environment without assistance, warranting special monthly compensation based on the need for regular aid and attendance.

The Board has granted service connection for residuals of left ankle fracture with an effective date of July 31, 2009. The appeal is denied as the Veteran's claim was received more than one year after separation from service.