Ankle Board decisions

The Board has determined that the reduction in the evaluation for post-operative right ankle sprain with internal fixation and degenerative joint disease from 20 to 10 percent was not proper. The Veteran's disability rating remains at 20 percent.

The Board has determined that the Veteran's July 31, 2009 treatment at Florida Hospital Flagler was within the scope of retroactively authorized follow-up visits for his left ankle surgery and thus grants payment or reimbursement for these expenses.

The Board has determined that the Veteran's claimed conditions are not related to service and have denied his claims for service connection.

The Veteran's appeal is being remanded due to the need for additional examinations to assess the current severity of his service-connected left ankle sprain with osteoarthritis, temporomandibular joint dysfunction, and dyssomnia. The VA will schedule appropriate examinations during periods of exacerbation of these conditions.

The Veteran's service-connected right ankle fracture is currently rated at 10 percent from October 1, 2010 to July 11, 2013 and granted a higher rating of 10 percent from July 12, 2013. The appeal was decided in favor of the Veteran.

The Board finds that the Veteran's current right side and bilateral ankle and hip disorders were not present in service or until many years thereafter, and are not related to either an incident of service origin or his service-connected lumbar back and bilateral knee disabilities. Therefore, service connection is denied.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has remanded the claims due to incomplete service treatment records and a need for further development.

The Veteran's residuals of a fracture of the left ankle have been rated at 20 percent since the effective date of service connection, which is not in dispute. The Board finds that his symptoms, including pain and limited motion, warrant this rating.

The Veteran's claims for increased evaluations of his cervical and thoracolumbar spine, left ankle arthritis with pain on motion, hypertension, and posttraumatic headaches were denied. The effective dates for the 20 percent ratings assigned to these conditions have been confirmed.

The Board has granted service connection for IBS, but denied service connection for peripheral neuropathy of the left upper extremity and generalized arthralgia involving ankles, shoulders, knees and hips. The right inguinal hernia claim is also addressed.

The Veteran's low backache and right knee disability have been granted service connection.,The claim for residuals of right ankle injury (claimed as right foot condition) is remanded due to inadequate examination.

The Board has granted service connection for a left shoulder disability, finding that the Veteran's current left shoulder disability is related to his active military service.,Service connection was not established for a left ankle disability as there is no evidence of chronic left ankle arthritis within one year post-service.

The Board has determined that the Veteran's tinnitus is likely due to his in-service noise exposure and granted service connection for this condition. The claims of bilateral hearing loss disability and left ankle disability are remanded for further development.

The Veteran's appeal is being remanded to obtain additional medical examinations and opinions regarding his claimed left ankle injury and bilateral hearing loss.

The Board has granted the Veteran's claims of service connection for bilateral pes planus, bilateral ankle strain, a psychiatric disorder (likely PTSD), lumbar strain, hypertension, and migraines. The issues have been resolved in favor of the Veteran.

The Board has remanded the case due to the need for additional examinations and development of records.

The Veteran's claim for a 10 percent rating for residuals of a left ankle fracture was denied in May 1992, and the effective date assigned is October 17, 1991. The Board found that it is not factually ascertainable that the Veteran met the criteria for a 10 percent rating prior to March 24, 2009.,The Veteran's claim for service connection for tinnitus was denied in May 1987 and confirmed in May 1992 and May 1999. The Board found that it is not factually ascertainable that the Veteran met the criteria for a grant of service connection prior to March 24, 2009.

The Board granted service connection for an acquired psychiatric disorder, a deviated nasal septum, and various musculoskeletal disabilities (back, right wrist, left ankle, left shoulder, hips) as well as recurrent UTIs and a left heel spur. These conditions are presumed to have been incurred during the Veteran's service in the Gulf War theater of operations.

The Board has remanded the Veteran's claims for hypertension and residuals of a right foot/ankle injury due to inadequate opinions in prior VA examinations. The Veteran is requested to provide any additional medical records, including MRI results from a private physician. An addendum opinion must be obtained by a VA examiner regarding the onset and etiology of his hypertension and right ankle/foot disability.