Ankle decisions — 2017

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

The Veteran's appeal was denied, with the issues of left and right ankle disability ratings being addressed. The claim for CUE in a prior rating decision regarding low back disability was also denied.

The Veteran's service-connected disabilities do not constitute an employment handicap as defined by VA regulations, and he is therefore not eligible for vocational rehabilitation benefits.

The Veteran's left ankle disability has been manifested by weakness, giving way, and pain throughout the appeal period. The VA examination reports show that his plantar flexion is limited to no less than 30 degrees and dorsiflexion is limited to no less than 10 degrees, including as a result of pain and after repetitive use or during flare-ups. Despite these limitations, there is no evidence of instability or ankylosis. The Board finds that the preponderance of the evidence supports a finding that the Veteran's service-connected left ankle disability warrants a 10 percent rating under DC 5271.

The Board granted a 20 percent disability rating for the Veteran's service-connected right ankle laxity, effective from the date of the decision. The Veteran withdrew his claim for individual unemployability due to service connected disabilities.

The Veteran's appeal is being remanded to determine whether his right leg disability, including poor circulation, gout, arthritis, and blood clots, are related to the service-connected fracture of left femur with history of osteomyelitis and degenerative joint disease of the left knee. The TDIU claim will also be remanded for additional development.

The Veteran's service connection claims for a right leg disorder, right knee disorder, left knee disorder, left hip disorder, and low back disorder have been denied. The Board found no current diagnosis of a right leg disorder.

The Board found that the Veteran's right ankle, left ankle, and bilateral foot and heel disorders are not related to service.,There is no evidence of a current disability within one year post-service discharge for any of these conditions.

The Board has determined that the Veteran's service-connected right ankle strain reflects symptomatology that more nearly approximates moderate limited motion of the right ankle, warranting a 10 percent disability rating.

The Veteran's claims for service connection are being remanded due to inadequate VA examination reports and incomplete opinions. The Veteran is seeking service connection for asthma and a chronic disability involving the knees and ankles, which he believes were caused by his military service in the Persian Gulf.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral spine disability and further development on claims for increased ratings for left ankle disability and TDIU.

The Veteran's cervical spine disorder is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's right ankle disorder is currently rated at 10 percent and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's right ankle disability, characterized by pain and functional loss but without ankylosis or other severe impairment, is not rated higher than the current 10 percent. The TDIU claim was also denied as the Veteran does not have a disability level that precludes substantially gainful employment.

The Veteran's appeal is being remanded for additional examinations and development of the claims due to inconsistencies in the medical evidence, including a discrepancy between the findings from his VA examination and recent radiology reports.

The Board has found that the Veteran's claims of service connection for various disabilities, including a chronic low back and cervical spine disability, bilateral shoulder arthritis, residuals of prostate cancer, erectile dysfunction, bilateral ankle arthritis, right knee arthritis, and right hip arthritis, have not been substantiated by the evidence of record. The preponderance of evidence does not support a finding that these conditions had onset during active service or are otherwise related to such service.

The Veteran's claims for increased disability ratings and TDIU have been denied. The left ankle and left knee disabilities are currently rated as 20 percent disabling, which is the maximum schedular rating available under VA regulations.

The Board has reopened the Veteran's claims for service connection and granted them, finding that new and material evidence was received. Service connection is established for bilateral pes planus, left ankle degenerative arthritis, right and left foot equinus deformities, and bilateral plantar fasciitis. Rheumatoid arthritis is not service connected.

The Veteran meets the schedular requirement for a TDIU effective from June 3, 2014, and his service-connected disabilities render him unable to obtain or maintain substantially gainful employment.

The Board has determined that the Veteran does not have a current diagnosis of degenerative arthritis in either ankle or lumbar spine, and there is no evidence linking these conditions to service. The COPD claim was denied as well.

The Veteran's claims for service connection have been granted, with the exception of those related to urinary incontinence and residuals of TBI. The remaining conditions are found to be directly related to his military service.