Ankle decisions — 2016

The Veteran's claims for increased ratings for his service-connected lower back spondylolisthesis and right ankle chronic pain, status post surgical repair fracture are being remanded to allow for additional development.

The Board denied the Veteran's claims for service connection for low back disability, right leg disability (including as secondary to right knee and ankle osteoarthritis), and respiratory disorder. The decision also found that the current ratings for right knee and ankle osteoarthritis were appropriate.

The Board has determined that the Veteran's right ankle degenerative joint disease is proximately due to his service-connected right knee disability, left knee disability, and left ankle disability. Therefore, the claim for service connection is granted.

The Veteran's left and right ankle disabilities have been rated at 20 percent since September 11, 2014.,The Veteran's shoulder disabilities have also been rated at 20 percent.

The Board has granted the Veteran's petitions to reopen his claims for service connection for low back disability, chest pain, gastroesophageal reflux disease (GERD), left shoulder disability, arthritis, bilateral knee disabilities, left ankle injury, and psychiatric disability. The appeals are now remanded for further development.

The Board has reopened the claim of service connection for a back condition and granted it. The claims for left ankle, right wrist, numbness of hands and arms, right rib, neck, and left elbow conditions were denied.

The Veteran's claims for increased ratings for left ankle calcaneal spurs and left knee instability have been denied as his conditions do not warrant a rating in excess of the currently assigned 20 percent evaluations.

The Veteran's arthritis, including of the feet, legs, back, shoulder, and hands, was not shown during service or for many years thereafter. The Board finds that there is no causal connection between the Veteran's service and his current disabilities.

The Board has granted service connection for bilateral ankle impingement with degenerative changes and is now considering the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The case is being remanded for additional development to address the impact of the Veteran's service-connected joint disabilities on his ability to secure and follow substantially gainful employment.

The Board has determined that the Veteran's right ankle disability was caused by his service-connected left knee disability and thus, service connection is granted on a secondary basis.

The Veteran's right ankle disability has been rated at 20 percent since October 15, 2009. The Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for increased ratings for chronic left ankle strain and post-operative Morton's neuroma, left foot have been denied as the evidence does not support a higher rating under applicable VA regulations.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum available rating under Diagnostic Code 5271. The VA examination reports indicate moderate limitation of motion with dorsiflexion to 10 degrees and plantar flexion to 30 degrees.

The Board denied a disability rating in excess of 20 percent for the Veteran's degenerative disc disease of the cervical spine, finding that his impairment was analogous to forward flexion greater than 15 degrees without spinal ankylosis or prescribed bed rest.

The Veteran's service connection claims for right and left ankle disabilities have been denied. The Board found no chronic right ankle disability during or after service, while the left ankle disability was linked to a surgical procedure performed years after separation from service.

The Veteran's claim for a right ankle disability, allergic rhinitis, arthritis of the left leg, and an acquired psychiatric disorder were all denied as there is no current diagnosis of these conditions. The TDIU claim was also not addressed.

The Board found that there is no current diagnosis of a bilateral ankle disorder and denied the Veteran's claim for service connection. The left knee disorder was not addressed in this decision.

The Veteran's service-connected disabilities, including his right and left knee replacements and limited range of motion in the left ankle, have rendered him unable to secure or follow substantially gainful employment. His acquired psychiatric disability is also service connected as secondary to his orthopedic conditions.

The Board has determined that the Veteran's arthritis of the left knee and ankle is not related to his active military service or any service-connected disability, and thus denied his claim for service connection.