Ankle decisions — 2015

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's left knee, left ankle, and right hip disabilities are secondary to his service-connected right knee and right ankle disabilities. The issues of service connection for these conditions remain on appeal.

The Board found that the awards of service connection for left knee and left ankle disabilities were clearly and unmistakably erroneous, and properly severed as of March 1, 2012.

The Veteran's healed sprain of the left ankle is rated at a 10% effective July 8, 2009.,Service connection for a surgical scar on the left ankle was granted effective March 11, 2010.

The Veteran's service-connected residuals of bilateral calcaneal stress fractures have been rated at the maximum disability rating (20%) under Diagnostic Code 5271, which pertains to marked limitation of motion of the ankle. The evidence shows that both ankles exhibit less movement than normal, weakened movement, excess fatigability, incoordination, pain on movement, swelling, disturbance of locomotion, and interference with sitting, standing, and weight-bearing after repetitive use.,The Veteran's service-connected residuals of bilateral calcaneal stress fractures have been rated at the maximum disability rating (20%) under Diagnostic Code 5271, which pertains to marked limitation of motion of the ankle. The evidence shows that both ankles exhibit less movement than normal, weakened movement, excess fatigability, incoordination, pain on movement, swelling, disturbance of locomotion, and interference with sitting, standing, and weight-bearing after repetitive use.

The Board has remanded the case due to the need for additional examinations and development of evidence, including obtaining VA outpatient treatment records from November 2014 to present.

The Board has determined that the Veteran's right ankle disability, diagnosed as tarsal tunnel and compression neuropathy, was incurred in service. The evidence is at least in equipoise as to whether this condition is related to an incident of service.

The Veteran's appeal was dismissed due to his death, and no rating decision or service connection determination could be made.

The Veteran's service-connected disabilities, including left foot disorder, right ankle disorder, and right wrist disorder, have rendered him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's left ankle and left knee disabilities pre-existed his military service, and thus could not be presumed to have been incurred therein. The evidence also clearly showed that these conditions did not worsen during service beyond their natural progression.

The Board has determined that the Veteran's right foot disabilities, including a right ankle fracture and an Achilles tendon rupture, were not incurred or aggravated by service. The left knee disability was also not established as being related to service.

The Board found that the Veteran's current left ankle disability is not related to his active service and denied his claim for service connection.

The Veteran's right ankle disability was manifested by pain and slight reduction in dorsiflexion and plantar flexion prior to March 15, 2011. The Board found a 10% initial rating for the right ankle sprain condition.

The Veteran's claim for an earlier effective date for TDIU was denied as there is no evidence that he was unable to secure or follow a substantially gainful occupation due solely to his service-connected disabilities prior to June 16, 2004.

The Veteran's bilateral metatarsalgia, right ankle degenerative joint disease, and left ankle degenerative joint disease are currently rated based on their current manifestations. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Board denied the Veteran's claims of service connection for left ankle disability, arthritis of hands and elbows, bilateral carpal tunnel syndrome, and increased ratings for left and right knee disabilities. The reasons given were that there was no evidence linking these conditions to active service.

The Veteran's right ankle disability is manifested by subjective complaints of pain and objective findings of functional limitation of motion to, at worst, 20 degrees in plantar flexion and 10 degrees in dorsiflexion. The criteria for a rating in excess of 20 percent have not been met.

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to May 25, 2010.

The Veteran's claims for service connection for a right ankle sprain, increased rating for his right knee disability, and compensable rating for erectile dysfunction were denied. The Board found no evidence of a current diagnosis of a right ankle sprain or residuals thereof. For the right knee disability, the Board granted staged ratings based on limitation of motion.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination to assess the current level of impairment due to his service-connected right ankle strain.

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities render him unable to obtain and maintain substantially gainful employment consistent with his education and occupational experience.