Ankle decisions — 2018

The Veteran's claim for service connection of a bilateral ankle disability, secondary to his service-connected plantar fasciitis, was denied as there is no current diagnosis of such condition.,The Veteran's PTSD with Major Depressive Disorder did not meet the criteria for an increased rating from November 27, 2008 to December 30, 2016.

The Veteran's claim for a TDIU was denied as his service-connected disabilities do not meet the threshold criteria for entitlement to a TDIU under 38 C.F.R. § 4.16(a) and it is not factually ascertainable that he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's appeal is being remanded to obtain additional service treatment records and for a VA examination to determine the etiology of his claimed disabilities.

The Veteran withdrew his claim for an increased rating for his left ankle disability.

The Veteran's residuals of traumatic brain injury are found to be service-connected, including significant problems remembering visual images in short term memory. Service connection is also granted for bilateral flat feet and a left knee disorder.

The Veteran's chronic left ankle strain is currently rated at 20 percent, the highest available under Diagnostic Code 5271 for limitation of motion. The evidence does not support a higher rating as there is no ankylosis or other conditions that would warrant a higher evaluation.

The Board found that the Veteran does not have a current diagnosis of headaches and that there is no evidence linking his headaches to service or any service-connected disabilities. The claims for back, bilateral ankle, and bilateral knee conditions are also denied as secondary to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected left ankle sprain and bilateral pes planus disabilities.

The Board has denied the Veteran's claims for increased ratings for his right and left knee disabilities, as well as service connection for a lumbar spine disability. The issues of entitlement to an increased rating for his right ankle disability are being remanded.

The Veteran's claim for service connection for a left knee disorder was denied due to lack of evidence. His claim for a left ankle disorder is also denied as there is no diagnosed condition. The right ankle sprain has been granted with a 10% evaluation since July 27, 2012.

The Veteran's right ankle arthritis and acquired psychiatric disability are currently rated at 10 percent and 10 percent, respectively. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Veteran's right ankle disability is rated at 20 percent since March 3, 2017. The previous rating of 10 percent prior to that date is denied.

The Veteran's initial 20 percent rating for left leg disability is discontinued, and he is now assigned three separate ratings: a 10 percent rating under Diagnostic Code 5259 (surgically removed semilunar cartilage), a 10 percent rating under Diagnostic Code 5003 (left knee arthritis), and a 10 percent rating under Diagnostic Code 5271 (limited motion of the ankle).

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction over the issues.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete development of evidence, including a need for additional examinations.

The Veteran's digestive system disability, including his liver tumor with IBS, is rated at 30 percent effective January 15, 2015. His hyperlipidemia and hypertension are not service-connected.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further examinations of his service-connected right knee bursitis and right ankle tendonitis.

The Board has determined that the Veteran's bilateral ankle osteoarthritis is etiologically related to service and grants service connection for this condition. The issues of service connection for bilateral pes planus and plantar fasciitis are remanded.

The Board is remanding the claim for a new VA examination to determine if the Veteran's current right ankle disability was caused or accelerated by his December 2009 and March 2010 surgeries, as well as whether any internal fixation devices used were placed in such a way that they prevented compression of the fracture site.

The Veteran's service in the Southwest Asia theater of operations from December 1990 to May 1991 is considered qualifying. The Board finds that the Veteran's joint pain, which has been present for more than six consecutive months and meets criteria for a presumptive service connection due to an undiagnosed illness.