Ankle decisions — 2015

The Veteran's left ankle disability has been productive of no more than moderate limitation of motion due to pain during flare-ups and reports of swelling, with only minimal osteoarthritis shown on x-ray. Since October 21, 2009, the Veteran's left ankle disability has been manifested by pain, swelling and significant limited motion, but without ankylosis; resulting in an overall disability picture more nearly approximating marked limitation of motion of the left ankle.

The Veteran's right elbow disability is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's left ankle disability is granted as it had onset in service and is related to his active military service.

The Board has determined that the Veteran's left ankle disability more nearly approximates marked limitation of motion, warranting a 20 percent rating since July 2008.

The Veteran's claims for increased ratings and service connection were denied. His right ankle strains, left ankle strains, and right knee retropatellar pain syndrome are currently rated at 10 percent each. Tinnitus is presumed to be related to service, but bilateral hearing loss has not been diagnosed or shown.

The Veteran's appeal for a rating in excess of 10 percent for his service-connected left ankle disability was dismissed due to withdrawal. The effective date for the grant of a 10 percent disability rating for residuals of a left ankle fracture is set at June 7, 2006.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining SSA records and updated VA treatment records.

The Board has determined that additional development is needed, including obtaining service treatment records and scheduling a VA examination. The appeal will be remanded to the AOJ for further action.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a left leg/calf disability. However, the claim remains denied as there is no evidence showing that the Veteran's disabilities are related to his active service.

The Board has remanded the case for additional development, including obtaining VA treatment records and an addendum opinion regarding the aggravation prong of the secondary service connection claim.

The Veteran's claims for higher initial ratings and effective dates for her service-connected right knee, right ankle, and left ankle disabilities have been denied.

The Veteran's bilateral elbow degenerative joint disease is related to service, and the Board has granted service connection for this condition. The issue of service connection for his now resolved ankle sprain was not addressed as it did not constitute an undiagnosed illness.

The Veteran's service connection claim for tinnitus is granted as it was incurred in active service. The other claims are pending and will be addressed further.

The Board has determined that additional development is necessary before the underlying claims can be adjudicated on the merits.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of her service-connected right ankle fracture. The claim will be readjudicated after the examination.

The Board has determined that the Veteran's right ankle and right knee disabilities are at least as likely as not caused by her service-connected low back disability, granting service connection for these conditions.

The Veteran's right ankle disability is rated at 10 percent, but the Board finds that a higher rating of 20 percent is warranted based on marked limitation of motion. The left knee issue was not addressed as it does not involve service connection.

The Veteran's appeal is being remanded to obtain additional service treatment records and to schedule him for appropriate examinations. The claims will be readjudicated after these actions.

The Board has granted the Veteran's claims for extension of a temporary total rating beyond December 31, 2007 based on convalescence due to left knee surgery performed in October 26, 2007 and service connection for residuals of a right ankle fracture involving the distal fibula as secondary to his service-connected bilateral radiculopathy of the lower extremities.

The Board has decided to remand the case for additional development, including obtaining medical records and opinions regarding the Veteran's right ankle disability.

The Veteran's service-connected right and left knee disabilities have been granted with initial noncompensable ratings from April 14, 2011 to May 21, 2014. Effective May 21, 2014, the Veteran is entitled to a 10 percent disability rating for each knee.,The decision was based on the findings of painful motion in both knees during flare-ups and noncompensable flexion and extension.