Ankle decisions — 2017

The Board has determined that the Veteran's current left ankle disability is not related to or caused by active military service, and therefore denied his claim for service connection.

The Veteran's increased rating claims for his left and right ankle disabilities are being remanded due to the need for a new VA examination.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected disabilities, as he reported worsening symptoms since the last examination in 2012.

The Veteran's appeals for increased ratings for PTSD, tinnitus, degenerative joint disease of the left ankle, and degenerative joint disease of the right ankle have been withdrawn.

The Veteran's appeal for an earlier effective date for a 30% rating for his service-connected right ankle disability has been granted. The Board also found that the criteria for schedular TDIU are met due to his service-connected disabilities.

The Board found that the Veteran's left knee disability is not related to service, despite his contentions. The VA examinations and opinions concluded that the current left knee condition is less likely than not caused by a service injury.,There is no evidence of a diagnosed left ankle disability in service or at any time since service. The VA examination found the Veteran's left ankle to be normal.

The Board has determined that the Veteran does not have service connection for gout of his bilateral ankles or knees, as there is no evidence of a diagnosis of gout during service and the current diagnoses are not related to service.

The Veteran's claims for service connection for bilateral ankle arthritis and a bilateral hand disability were denied. The claim for an increased evaluation in excess of 10 percent for degenerative disc disease at L5-S1 with intervertebral disc syndrome prior to May 27, 2008 was also denied. However, the Veteran's claim for an increased evaluation in excess of 20 percent for this disability from May 27, 2008 onwards remains pending.

The Board has remanded the case for additional development, including obtaining records from VA facilities and any outstanding treatment records.

The Board has determined that there is no evidence of a current neck disorder or bilateral ankle disorder, and thus the Veteran's claims for service connection are denied.

The Board has remanded the claims for additional development due to the Veteran's submission of a September 2015 statement and an Informal Hearing Presentation. The case will be returned to the AOJ for readjudication.

The Veteran is seeking service connection for right ankle and low back disabilities. He contends that he injured his right ankle while carrying ship's supplies in late 1958, which caused or aggravated his low back disability.

The Veteran's additional left ankle disability was caused by an event not reasonably foreseeable, and the Board finds that VA care did not cause this disability.

The Veteran's left ankle disability was rated at 10 percent prior to December 1, 2010 and at 30 percent as of December 1, 2010. The Board found the evidence in equipoise regarding whether the Veteran had moderate or marked limited motion of the left ankle prior to December 1, 2010, resulting in a grant of a 20 percent rating for that period. As of December 1, 2010, the evidence supported ankylosis in plantar flexion less than 30 degrees, warranting a 30 percent rating.

The Veteran's tinea versicolor was first diagnosed and treated during service, meeting the criteria for service connection.

The Board found no evidence linking the Veteran's current right ankle condition to service, and denied his claim for service connection. For his lumbar spine disability, the Board determined that a rating in excess of 20 percent was not warranted based on the medical evidence provided.

The Board has denied the Veteran's claims for service connection for a right hip disorder and left ankle disorder. The examiner opined that the left ankle disorder is less likely as not caused or aggravated by his service-connected back and/or right knee disability, but did not address the aggravation question.

The Veteran's appeal has been withdrawn by the appellant in a March 2017 written statement.

The Board has granted service connection for right ankle tendonitis and arthritis, as well as lumbar spine degenerative arthritis and intervertebral disc syndrome, both secondary to the Veteran's service-connected bilateral knee disorders. The acquired psychiatric disorder is not found to be related to his service or any service-connected disability.

The Veteran's claims for service connection for left foot and ankle disabilities, as well as erectile dysfunction secondary to diabetes mellitus, are being remanded due to the need for additional development including obtaining medical records and opinions.