Ankle Board decisions

The Board denied the Veteran's claims for service connection for various conditions, including fibromyalgia, chronic fatigue syndrome (CFS), a right ankle disability, residuals of low back injury, right lower extremity sciatica, sinusitis, rhinitis, IBS, and GERD. The decision also addressed reopening of his claim for service connection for asbestos exposure.

The Veteran's right ankle disability is currently rated at 10 percent, and the Board finds that this rating adequately reflects his symptoms of painful motion, tenderness, and swelling without significant instability or limitation in range of motion.

The Board has remanded the case for further development due to insufficient examination and medical opinions regarding the etiology of the left ankle disorder. The Veteran's claim for service connection remains pending.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to June 11, 2015. The Board found that the preponderance of evidence was against a finding that it is at least as likely as not that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for pes planus, bilateral detached retinas, and left ankle arthritis. The Board found that there was no clear and unmistakable evidence of aggravation by service and concluded that these conditions were not incurred or aggravated by military service.

The Veteran's painful scars have been rated at 30 percent since July 1, 2013. The Board found that the Veteran has more than five scars that are both painful and stable throughout the entire appeal period.

The Veteran's PTSD is rated at 70 percent, effective February 10, 2010. The Board granted a rating of 100 percent for PTSD, effective the same date, and dismissed the TDIU claim as moot due to the grant of a 100 percent rating.

The Board has remanded the case for additional development due to inadequate range of motion testing in previous VA examinations.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the ankles, edema of the lower extremities, gout and/or gouty arthritis, and a right ankle sprain. The evidence does not support these claims.

The Board has determined that the Veteran's current right ankle disability is not related to his military service and has denied his claim for service connection.

The Veteran's right ankle disability is currently rated at 10 percent for moderate limitation of motion, but does not meet the criteria for a higher rating as there is no evidence of marked or ankylosis.

The Veteran's service-connected disabilities, including his psychiatric conditions and orthopedic issues, have resulted in the need for regular aid and attendance. The Board has determined that he requires this assistance due to his service-connected conditions.

The Veteran's bilateral ankle disorder was aggravated by active duty service, and he is now granted service connection for this condition.,His back disorder also developed during active duty service, and the Board has granted service connection for it.

The Veteran's right ankle condition is service-connected, and his rib injury residuals are also found to be related to service. The Board finds that the Veteran has current diagnoses of a right ankle ligament disorder and chest pain due to rib injury, which were incurred in service.

The Veteran's left knee DJD is service-connected, and his right L5-S1 radiculopathy remains at a 20 percent rating. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's left ankle posterior tibial dysfunction is found to be causally related to his service-connected bilateral pes planus, granting the claim for service connection. The issues of a higher rating for bilateral pes planus and TDIU are remanded.

The Board has determined that the Veteran's current right knee, left hip, and left ankle disabilities are not service-connected. The evidence does not support a finding of in-service injury or disease for any of these conditions.

The Board has granted a higher rating of 30 percent for chronic sinusitis prior to May 13, 2015 and maintained the current 20 percent rating for talonavicular degenerative joint disease of the right foot/ankle.

The Board found that the Veteran does not have a current disability of the right ankle that manifested during or as a result of active military service, nor does he have a current disability of the right ankle that was caused by, or aggravated by, a service-connected disability.

The Veteran's appeal is being remanded for further examination and development of his right ankle and right knee conditions.