Ankle decisions — 2017

The Veteran's right ankle disability has been rated at 20 percent, and his left ankle disability prior to September 20, 2013, was also rated at 20 percent. From September 20, 2013, to May 16, 2016, the Veteran's left ankle disability was rated at 30 percent, and from May 16, 2016, it has been rated at 20 percent.

The Board has denied the Veteran's claims for increased ratings for his left medial ankle surgical scar and neuropathy of the calcaneal branch of the posterior tibial nerve, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's left and right ankle degenerative arthritis are currently rated at 20 percent each, which is the maximum rating available under VA regulations.,The Veteran's cervical spine degenerative arthritis is currently rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's lumbar spine degenerative arthritis is currently rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee degenerative arthritis and ligament instability are both currently rated at 10 percent each, with a separate 20 percent rating for ligament instability of the right knee prior to May 2, 2017, and higher than 20 percent from that date.,There is no specific service connection theory provided in this decision.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service. The case will be remanded for a new VA examination.

The Veteran does not have a current left ankle disability. The VA examiner found no evidence of a chronic condition prior to 2009 in his post-service treatment records, and the Veteran's lay statements regarding continuity of symptomatology were not considered until after the January 2010 VA examination.

The Board has determined that the Veteran's bilateral ankle, neck, and back disabilities are not related to his active duty service or any other service-connected disability. The evidence does not support a finding of chronicity of these conditions within one year after separation from service.

The Board found no evidence of a chronic left ankle disorder or bilateral foot disorders during service and denied the Veteran's claims for service connection.

The Board has determined that the Veteran's current left ankle and foot conditions are not related to his service, either directly or through a presumption of service connection. The VA examinations and medical records do not support a finding that these conditions were incurred during service.

The Board has granted service connection for a right ankle disability and an increased evaluation for left ankle disability, both rated at 20 percent.

The Board has determined that additional development is necessary before the Veteran's claims on appeal can be decided. The case is REMANDED to the AOJ for further action.

The Veteran's tinnitus is service-connected, and he has a current right ankle disability that is secondary to his service-connected bilateral pes planus. The Veteran was granted an increased rating for his bilateral pes planus from 10 percent to 30 percent effective May 4, 2015.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims.

The Veteran's right and left ankle DJD were found to be incurred in service, while his right shoulder DJD was not.,An initial noncompensable rating is assigned for the Veteran's chronic left little finger soft tissue mallet and DIP degenerative joint disease.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining updated treatment records.

The Board denied the Veteran's claims of service connection for a psychiatric disability and an ulcer disease, but reopened these claims. The claim for service connection for a psychiatric disability is not supported by evidence showing a current diagnosis.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis is related to his military service. The remaining claims of service connection for other conditions are remanded for additional development.

Throughout the initial rating period from January 3, 2007 to May 11, 2017, the service-connected TBI residuals were asymptomatic.

The Board has determined that the Veteran's claimed psychiatric disorder, right ankle disability, right foot disability, and left foot disability are not related to service or service-connected conditions.

The Veteran's service-connected right ankle disability, characterized by a fracture of the fibula with malunion and marked impairment, is rated at 30 percent prior to June 23, 2014.

The Veteran's appeal has been dismissed as the appellant withdrew it prior to a decision being made.