Ankle decisions — 2010

The Veteran's claim for a compensable rating for her low back disability and TDIU is being remanded due to the need for additional development, including new examinations and consideration of whether an extraschedular rating is warranted.

The Board found that the Veteran did not incur an additional disability as a result of VA medical treatment, and thus denied his claim for compensation under 38 U.S.C. § 1151.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical opinions regarding his ability to secure and follow substantially gainful employment.

The Veteran's claims of service connection for back and left ankle disabilities are being remanded due to the need for additional medical examinations.

The Veteran's cervical spine disorder is not service-connected and was not caused by his service-connected bilateral claw feet. The non-healing neuropathic plantar ulcer, right first toe, status post partial amputation, is service-connected as secondary to the service-connected bilateral claw feet. Bilateral ankle instability is also service-connected as secondary to the service-connected bilateral claw feet.

The Board has remanded the case for additional development of the record, including obtaining medical records from Dr. Mickewich and providing the Veteran with a VA orthopedic examination to determine if his current left ankle disability is related to service.

The Veteran's claims for service connection for bilateral ankle and knee disorders, including gout, are being remanded due to the need for additional development of medical records and a VA examination.

The Veteran's DJD of the lumbar spine, right shoulder, and left ankle are rated at 40 percent effective July 28, 2008. The rating for his right shoulder is increased to 20 percent from that date.

The Board has determined that the current left ankle strain had onset in service and is related to service, thus granting service connection for a left ankle strain.

The Veteran's left ankle sprain was found to be related to his in-service injury, and service connection for this condition is granted. The right ankle sprain did not meet the criteria for a compensable rating.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU based on their combined rating of 60 percent. The RO denied referral to the Director, Compensation and Pension Service, due to lack of evidence showing unemployability.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been presented to reopen the claims for bilateral hearing loss, tinnitus, and hypothyroidism. Service connection was also denied for PTSD, IBS, sleep apnea, and a right hand disorder. A right ankle disorder claim is being remanded.

The Veteran's claims for service connection for the residuals of bilateral ankle sprain and left wrist injury (claimed as 'weak wrists') have been denied. The Board found no evidence of chronic disabilities in service or at any time thereafter.

The Veteran's claims for increased ratings, service connection, and reopening of previously denied claims are being remanded due to the need for additional development.

The Veteran's right ankle fracture residuals are primarily manifested by pain, weakness, and swelling upon weightbearing. The VA has awarded a 10 percent rating for this condition.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or for adaptive equipment only due to his inability to use an unmodified vehicle.

The Board has determined that the Veteran's knee and ankle disabilities may be related to service, but an additional examination is needed to determine this relationship.

The appellant's five service-connected disabilities have not precluded substantially gainful employment, thus the requirements for a total evaluation based on individual unemployability due to service-connected disability (TDIU) have not been met.

The Board found no evidence linking the Veteran's current arthritis and left ankle sprain to her military service, including any inservice injuries. The claim for service connection is denied.

The Board finds that the Veteran's current right ankle disability is not related to service and denies his claim for service connection.