Ankle decisions — 2019

The Veteran's DDD of the lumbar spine and left ankle strain with degenerative arthritis are granted as secondary to his service-connected bilateral knee disabilities. The claims for increased ratings on both knees are remanded.

The Veteran's request for an increased evaluation of his left ankle disability is remanded due to the need for a new VA examination.,The Veteran's claims for service connection of right and lumbar back disabilities are remanded as secondary to his service-connected left ankle disability, requiring a comprehensive opinion from a VA examiner.,No specific rating or effective date was provided in this decision.

The Veteran's claims for service connection for anxiety, increased evaluation for right ankle disability, and increased evaluation for bilateral pes planus were denied. The Veteran was granted a 20 percent evaluation for the residuals of recurrent inversion injury to his right ankle.

The Veteran's right ankle ligamentous strain is rated at 20 percent throughout the period of the claim, subject to payment criteria.,The Veteran's right ankle varicosity was rated at 10 percent prior to January 25, 2016 and at 20 percent beginning on that date. The rating for this condition remains unchanged.,A higher rating than 20 percent is denied for the Veteran's right ankle varicosity from January 25, 2016 onwards.

The Board has remanded the Veteran's claim of service connection for a left ankle disability, as there is insufficient evidence to determine if his preexisting condition worsened during service.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the issues of service connection for a low back condition, right foot/ankle condition, left foot/ankle condition, and chest/heart condition.

The Veteran's left ankle disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5271 for marked limitation of motion. The Veteran does not have a current diagnosis of any other claimed conditions.,Service connection has been granted for an acquired psychiatric disorder (including major depressive disorder, generalized anxiety disorder with panic attacks, and alcohol use disorder), sleep apnea, low back disorder, left hip disorder, right hip disorder, left knee disorder, and left lower extremity radiculopathy. Service connection was denied for the remaining conditions.

The Veteran's claims for service connection for bilateral flatfeet, bilateral ankle disability, tinnitus, perforation of the right ear drum, diabetes mellitus, hypertension, and headaches have been granted. The claim for service connection for lumbar spondylosis (residuals, low back strain) has also been granted.

The Veteran's diabetes mellitus, bilateral hearing loss, tinnitus, cervical spine disability, back disability, erectile dysfunction, prostate disability, bilateral ankle and knee disabilities, shoulder and hip disabilities, right upper and lower extremity peripheral neuropathies, anxiety, depression, and PTSD were not shown as chronic in service or related to a service-connected disability. The Board found the Veteran's statements regarding these conditions being related to his military service to be speculative.,The Veteran's hearing loss and tinnitus were first diagnosed 30 years after separation from service and are not considered to be related to service.

The Board has granted service connection for right ankle and lumbar spine disabilities as secondary to the Veteran's service-connected right knee disability. An effective date of January 23, 2012, is assigned.

The Veteran's service-connected bilateral pes planus with bunionectomy, left ankle degenerative arthritis, and right ankle arthrodesis and osteoarthritis do not meet the criteria for a TDIU due to his ability to maintain employment.,The Veteran’s bilateral pes planus with bunionectomy disability is currently rated at 50% disabling. The AOJ should refer the issue of an extraschedular rating to VA's Director of Compensation Service for consideration.

The Veteran withdrew their appeals for the claims of entitlement to compensable ratings for a lytic lesion and bilateral ankle disabilities.

The Board has remanded the claims for service connection for tinnitus and bilateral ankle disorder due to incomplete or inaccurate factual premises in previous medical opinions.

The Veteran's claims for an increased rating for his right ankle disability and service connection for his right hip disorder have been denied. The Board found that the evidence did not support a finding of service connection for the right hip disorder, as it was less likely related to his service-connected right ankle disability.

The Veteran's GERD is rated at 30 percent from November 9, 2007 through April 18, 2011.,Initial evaluations of 20 percent for residuals of left and right ankle sprains are granted.

The Veteran's TDIU claim for his service-connected disabilities is granted. The extension of a 100% evaluation beyond April 1, 2018 for total left knee arthroplasty is denied.

The Veteran's right ankle sprain resulted in a 20 percent rating prior to April 28, 2016. The Board found that the disability did not warrant a higher rating as there was no evidence of marked limitation of motion.

The Board has remanded the case for further consideration of whether entitlement to a TDIU is warranted on an extraschedular basis for the period from April 15, 2004, to October 14, 2015.

The Veteran's service connection for a left ankle disability and a right knee disability are granted. The Veteran is also entitled to a 10% rating for his right knee disability, but the case is remanded for further examination.

The Veteran's peripheral neuropathy of the right upper extremity is currently rated at 20 percent, and his left ankle disability is rated at 10 percent. The Board has determined that these ratings are appropriate based on the evidence provided.