Ankle decisions — 2016

The Veteran's right ankle disability is rated at the maximum allowable under Diagnostic Code 5270, and his left tibia and fibula fracture is rated at 20 percent. No further increased ratings are warranted.

The Veteran's claims of increased disability ratings for various service-connected disabilities, as well as the associated TDIU claim and several reopened claims, were denied due to her failure without good cause to report for necessary VA examinations.

The Board has determined that the Veteran's right hand disability is related to his service-connected right elbow disability, and his left ankle disability is related to an injury in service. Therefore, both conditions have been granted service connection.

The Board denied the Veteran's claims for service connection for various conditions, finding that none of them were incurred or aggravated by his military service.

The Veteran's appeal is being remanded for additional development, including new VA examinations and opinions to address the current severity of her service-connected disabilities and the nature and etiology of her migraine headaches. The issues on appeal will be readjudicated after this additional development.

The Veteran's left ankle disability was rated at 30% from December 4, 2000 and increased to 40% effective July 1, 2005. The Board finds the effective date should be set at July 1, 2005.

The Board found that the Veteran's low back, left knee, and left ankle disabilities were not shown to have had onset during service or within one year after active service. The current disabilities are unrelated to active service.

The Veteran's claim for an increased rating in excess of 10 percent for residuals of right leg mid-shaft tibia/fibula fracture was denied. The disability is currently rated as 10 percent disabling.

The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for residuals of a right ankle fracture, to include on an extra-schedular basis pursuant to 38 C.F.R. � 3.321.

The Board finds that the Veteran has left ankle arthritis, which was first manifested in service and is a chronic disease listed under 38 C.F.R. § 3.309(a). Therefore, service connection for left ankle arthritis is granted.

The Veteran withdrew his appeals for increased ratings and SMC based on aid and attendance, and the Board dismissed these issues. The Veteran's TDIU claim was granted.

The Board found that the Veteran's current left ankle disorders and heel spurs are not related to his active duty service, as there was no evidence of ongoing symptoms or treatment for over two decades after service. The claim is therefore denied.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's right ankle disorder had its onset during service or is otherwise causally related to service. The Veteran was diagnosed with a fracture of the right distal fibula (ankle) in August 1965 during parachute jump training and underwent surgery for this condition.

The Veteran's claims for increased ratings for his service-connected left leg disabilities were denied. The residuals of a fractured tibia and fibula with shortening of the left leg, peroneal nerve damage, and osteoarthritis of the left knee joint have not been productive of ankylosis or other disabling conditions warranting higher ratings.

The Veteran's service treatment records show he had two ankle sprains during his active duty. However, the VA examinations and medical evidence do not indicate any current right ankle disability.

The Veteran's right ankle disability, including orthopedic and neurologic manifestations, is currently rated at 20 percent. The Board finds that a higher rating is not warranted.

The Board denied service connection for left and right ankle disabilities, as well as TBI. The Veteran's claims were not reopened due to lack of new and material evidence, and the Board found no current disability or evidence of a TBI.

The Veteran's right fibula disability was increased to a 20 percent rating effective February 13, 2012. He also received separate evaluations for ankylosis of the ankle (40 percent), sciatic neuropathy of the right lower extremity (20 percent), femoral neuropathy of the right lower extremity (20 percent) and obdurator neuropathy of the right lower extremity (0 percent).

The Veteran's left wrist ganglion cyst resulted in pain and limited motion, warranting a 10 percent rating. The ankle disability was rated at 10 percent for moderate limitation of motion. Both back and neck disabilities were also rated at 10 percent.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, and the Board has granted a TDIU based on this finding.