Ankle decisions — 2018

The Board denied the Veteran's claims for service connection for various disabilities, including hypertension and rheumatoid arthritis. The issues of whether new and material evidence has been received to reopen a claim for service connection for bilateral leg disabilities were dismissed.

The Veteran's left ankle disability is rated at 20 percent since June 14, 2012. Service connection for prostate disorder was granted.

The Board has determined that the Veteran's gastritis and right ankle disability are related to his active duty service, thus granting service connection for both conditions.

The Board has determined that the Veteran's claimed conditions do not meet the criteria for service connection based on evidence of record.

The Board has remanded the Veteran's claims for a new VA examination due to unavailability of treatment records from his period of active service. The Veteran is seeking service connection for arthritis in multiple joints.

The Veteran's service-connected chronic left ankle sprain and degenerative or traumatic arthritis in the left ankle are currently evaluated as 10 percent disabling. The Board finds that an increased evaluation is not warranted.

The Veteran's appeal is denied as his right ankle disability does not meet the criteria for a rating in excess of 10 percent.

The Board has granted a 20 percent rating for the Veteran's right ankle disability since July 2013, effective from August 31, 2013. The initial ratings of 10 percent for left knee degenerative changes and lateral instability/subluxation remain unchanged. No compensable rating was assigned for the chip fracture of the right middle finger.

The Board has determined that the VA medical opinions are not of probative value and additional evidence is needed to determine if the Veteran's conditions are related to her active duty service.

The Board has ordered a remand to obtain updated VA treatment records, schedule the Veteran for new VA examinations for his service-connected disabilities, and ensure that all relevant evidence is considered in the decision.

The Veteran has withdrawn his appeal for an increased rating in excess of 20 percent for arthritis of the left ankle, and thus the Board does not have appellate jurisdiction to review this claim.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a review of the claims file to determine appropriate disability ratings.

The Veteran's service-connected orthopedic and hydrocele disabilities have been evaluated based on the criteria provided in the decision. The appeal is denied as there are no higher ratings available under the applicable diagnostic codes.

The Board has determined that the Veteran's right ankle disability and degenerative changes of multiple toes of the right foot are not service-connected, as they are not proximately due to or aggravated by his service-connected right knee disabilities.

The Veteran's left ankle and knee conditions have been rated based on their current manifestations. The left ankle is currently rated at 10 percent since May 30, 2003, and increased to 20 percent as of February 4, 2016. The left knee has a history of ratings from 10 to 20 percent based on the severity of arthritis and instability. Service connection for left foot arthritis is granted.

The Board has determined that the Veteran's low back disability and arthritis of knees and ankles are secondary to his service-connected right ankle disability. However, there is no evidence of left ankle arthritis during or within one year after separation from service.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include anxiety and depressive disorders, not otherwise specified, and PTSD; increased ratings for degenerative disc disease of the lumbar spine, boutonniere deformity of the right little finger, degenerative arthritis of the right ankle, degenerative arthritis of the left ankle, and residuals of a right wrist injury have been denied. The Veteran's claims are currently under appellate status.

The Veteran's service-connected right shoulder, knee (pre-arthroplasty), hip, and foot heel spur conditions have been granted initial disability ratings of 20 percent from January 1, 2008 to October 17, 2014. The ankle tendonitis has been granted initial disability ratings of 20 percent from January 1, 2008 to October 17, 2014 and 30 percent from October 17, 2014. The lumbar spine degenerative arthritis has been granted a noncompensable rating from January 1, 2008 to March 6, 2017, and a 20 percent rating from March 6, 2017.

The Veteran's right ankle disability is rated at 20 percent since August 28, 2017. The Board finds that the evidence is approximately evenly balanced as to whether the symptoms of the Veteran's right ankle disability more nearly approximate marked limitation of motion prior to this date.

The Veteran's appeal is being remanded for scheduling a videoconference hearing with a Veterans Law Judge.