Ankle decisions — 2015

The Veteran's service-connected right ankle disability, characterized as progressive arthritis of the right ankle with status post fusion, is currently rated at 20 percent. The Board finds that this rating adequately reflects the severity and symptoms of his condition.

The Veteran's claims for increased ratings and service connection were denied. The claim for bronchitis/asthma was reopened, but no new rating is granted as the current evaluation under Diagnostic Code 5280 (hallux valgus) is at its maximum.

The Veteran's appeal is being remanded due to missing service treatment records and the need for additional examinations to determine the etiology of his claimed disabilities.

The Veteran has withdrawn his appeals for service connection and an initial compensable disability evaluation for the issues listed, including bilateral hearing loss. The appeal is dismissed without prejudice.

The Veteran's claim for a higher rating for his service-connected degenerative arthrosis of the left ankle, residuals of reconstructive surgery is being remanded due to the need to obtain updated VA treatment records and an examination.

The Veteran is entitled to a TDIU prior to January 17, 2013 due to service-connected dysthymic disorder and other disabilities that rendered him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's disabilities did not meet the criteria for special monthly pension based on the need for Aid and Attendance of another person (A&A) or being housebound.

The Veteran's claims for service connection for bilateral ankle disability and left knee disability are being remanded due to outstanding VA treatment records. The AOJ will request these records and then readjudicate the claims.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including examinations of his right knee, shoulder, ankle, and PFB. The claim for a TDIU is also being remanded as it is inextricably intertwined with the other issues.

The Board has determined that the VA examination in May 2011 was inadequate and remands the case for a new examination to determine if the Veteran has a fallen arch of the right foot, its etiology, and whether it is related to his service-connected degenerative arthritis of the right ankle.

The Veteran's claim for service connection for right ankle arthritis and COPD was denied as there is no evidence of a current disability related to service. The Board found that the Veteran did not have a right ankle injury during service, and his current right ankle arthritis was not etiologically related to service. For COPD, the Board noted the lack of contemporaneous medical records but concluded that it was less likely than not caused by or aggravated by service.

The Veteran's initial ratings for his left ankle, right knee, and left knee disabilities have been granted at 10 percent each. The rating has not changed since the initial grant of service connection.

The Veteran's right and left ankle disabilities are rated at 20 percent each for marked limitation of motion, which is the highest possible schedular rating. No higher ratings are warranted as there is no ankylosis, malunion of the os calcis or astragalus, or astragalectomy.

The Board granted a rating of 20 percent for the Veteran's service-connected status-post strain of the right ankle with right fifth metatarsal fracture, finding that it more nearly approximated 'marked' limitation of motion under DC 5271.

The Veteran's claim for a rating in excess of 10 percent for bilateral hearing loss has been denied as the current level of disability does not warrant such an increase. The issues regarding service connection for right knee and right ankle disorders have also been denied, with the Board finding that these conditions are not secondary to his service-connected left ankle disorder.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's right ankle condition due to conflicting medical evidence.

The Board has denied the Veteran's claims for service connection for right ankle, left knee, and right knee disabilities. The effective date of the award of service connection for a left ankle disability is set at November 26, 2010.

The Board denied the Veteran's claims for service connection for right hip, left hip, and left ankle disorders as secondary to his right knee disability. The appeals regarding reopening of back and left knee disorder service connection claims were also denied.

The Veteran's right ankle laxity is currently rated at 10 percent, effective from August 31, 2009. His traumatic arthritis of the right ankle remains rated as 10 percent.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of service connection for any of the claimed conditions.