Ankle decisions — 2016

The Veteran's service-connected disabilities, including bilateral hearing loss, right hip bursitis, left hip tendonitis, right and left knee patellofemoral syndrome, and residuals of a chipped right elbow, combine for a rating of 50 percent or more. The combined rating is at least 70 percent, meeting the criteria for TDIU.

The Veteran's claims for service connection were denied as he did not provide evidence of a current disability or link to service. The Board found no evidence of undiagnosed illnesses or medically unexplained multisymptom illnesses.

The Veteran's claim for an evaluation in excess of 20 percent for service-connected chronic left ankle strain status post injury/laceration is being remanded due to the inadequacy of a previous VA examination. A new examination is needed to assess the current severity of the disability, including any functional loss due to pain and flare-ups.

The Veteran's right ankle disability has been rated at 20 percent since October 28, 2015. The Board found that the current rating adequately reflects his symptoms and limitations.

The Board denied service connection for lumbar spine disorder, migraine headaches, and right ankle disorder. The Veteran's claims were not supported by competent evidence of a current disability related to service.

The Board granted an initial evaluation of 10 percent for the Veteran's service-connected right ankle sprain with degenerative changes and laxity, effective April 20, 2009. The effective date was not specified as there is no earlier claim record found.

The Veteran's claim is being remanded for additional development, including obtaining medical records and conducting a VA examination to determine if his Parkinson's disease or other conditions are related to the March 2009 right ankle surgery.

The Board finds that the Veteran has current diagnoses of GERD and a possible gastrointestinal disability related to active service. The VA examiner opined that further testing should be done for other potential disabilities, including left leg and ankle issues.

The Veteran's left ankle condition is found to be related to an in-service injury, and service connection for this condition is granted.

The Veteran's claim for service connection for PTSD, bilateral knee strain, allergies, and an acquired psychiatric disorder other than PTSD is denied. The right ankle sprain and degenerative joint disease of the lumbar spine are each rated at 10 percent disabling.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the severity of his service-connected right leg and ankle disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a VA examination to determine the etiology of his claimed disabilities.

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

The Board found that there is no causal relationship between the Veteran's current left ankle and knee disabilities and his reported injuries during service. The examiner opined that these conditions are more likely due to many years of standing and walking.,There is no clear evidence of a pre-existing rickets condition, as the Veteran was presumed sound upon entry into service.

The Board found that the Veteran's right ankle disability, while manifested by weakness and giving way, stiffness, swelling, and constant pain, did not warrant a rating in excess of 20 percent due to lack of ankylosis. The preponderance of evidence showed movement of the right ankle joint throughout the appeal period.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, particularly regarding his right ankle disability, headaches, and heart condition.

The Veteran's left ankle DJD is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5271 for marked limitation of motion. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or other disabling conditions.

The Board finds the evidence in equipoise as to whether the Veteran requires regular aid and attendance of another due to his disabilities, including from his back disorder and left ankle fracture.

The Veteran's right ankle strain and low back condition (including lumbosacral disc disease and lumbar degenerative joint disease) were incurred in service.

The Veteran's appeal is being remanded due to the need for a new examination of his left ankle disability. The current rating of 10 percent is not sufficient and further evidence may warrant a higher rating.