Ankle decisions — 2019

The Veteran's right ankle disability, which has been characterized by marked limitation of motion since the filing of his claim for increase, is now rated at a 20 percent rating.

The Veteran's right ankle disability, which resulted from a post-operative fracture of the tibia and fibula, has been rated at 20 percent since 1991. The Board found that the current rating adequately reflects the Veteran’s symptoms, including pain, swelling, and limited motion during flare-ups, but not ankylosis or other conditions warranting higher ratings.

The Veteran's right ankle disability, which includes a strain and degenerative joint disease, is rated at 10 percent for the period prior to May 9, 2004. For the entire appeal period, the rating remains at 10 percent.

The Veteran's claims of service connection for bilateral hearing loss, left knee disability, right ankle disability, and left big toe gout have all been denied. The Board found that the evidence did not establish a link between these conditions and his military service.

The Veteran's claims for extraschedular ratings and TDIU were denied due to his failure to report for necessary VA examinations.

The Board has granted service connection for low back disability, left knee DJD and meniscus degeneration, chronic left ankle pain, and OSA associated with asbestosis.,Service connection is also granted for these conditions based on direct evidence of a link between the Veteran's in-service injuries and his current disabilities.

The petition to reopen the previously denied claim of entitlement to service connection for a low back disability is granted. The Board has remanded several issues related to other disabilities, including knee, ankle, foot, and psychiatric conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations, as well as the provision of proper VCAA notice.

The Board has remanded the case for further examination and opinion regarding hearing loss, as well as service connection for a left ankle condition and an acquired psychiatric disorder. The Veteran's claims for these conditions are otherwise denied.

The Veteran's right and left ankle conditions are granted as secondary to his service-connected HNP L5-S1 status post laminectomy. The rating for the HNP L5-S1 condition remains at 40%.

The Board has remanded the Veteran's claims for lower back disability, left and right ankle conditions, residuals of a gunshot wound to the right shoulder, and left ear hearing loss due to potential issues with the sufficiency or reliability of the VA examinations. The Veteran is granted service connection for tinnitus.

The Board denied service connection for left hand and right ankle injuries, finding no evidence of a nexus to service or a service-connected disability.

The Board denied the Veteran's claims of entitlement to service connection for low back disorder, burn scars of the ankles, and left varicocele due to lack of new and material evidence.

The Veteran's claims for service connection and increased ratings are remanded due to the need for additional medical examinations.

The Veteran's petition to reopen claims for service connection for pain in ankles, knees, arms and legs, fibromyalgia, and irritable bowel syndrome has been granted. The claims of service connection for a chronic liver disease have been denied.

The Veteran's left ankle sprain disability was previously rated at 10 percent. From May 3, 2017, the rating has been increased to 20 percent.

The Veteran's DDD of the lumbar spine is rated at 40 percent, but no higher. The effective date for service connection of right knee osteoarthritis is denied. Right knee and ankle disabilities are remanded for further examination.

The Veteran's claim for service connection for gout and PTSD with major depression has been granted. The effective date for the grant of service connection for PTSD is set at February 12, 2017. A rating of 100% for PTSD is also granted.

The Board has remanded the case due to an inadequate VA examination, and further action is needed to determine if the Veteran's left ankle disorder was aggravated by his active duty service.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, deltoid ligament osteoarthritis of the right ankle, pulmonary hypertension, and erectile dysfunction were not reopened due to lack of new and material evidence. The claim for a rating in excess of 20 percent for deltoid ligament osteoarthritis of the right ankle was denied as there is no limitation of motion that would warrant a higher rating.