Ankle decisions — 2011

The Veteran claims service connection for renal failure, which he contends is related to his in-service traumatic brain injury. The Board has ordered a remand due to the need for additional medical opinions regarding the etiology of the Veteran's kidney condition and whether it is aggravated by his service-connected organic personality syndrome.

The Veteran's left ankle disability, characterized by limited motion and arthritis, does not warrant a higher evaluation as the current 20 percent rating already reflects significant functional impairment.

The Veteran's tinnitus was found to be related to his active service, and he is granted service connection for this condition.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for various conditions, including a pulmonary disability (including obstructive sleep apnea) and bilateral hearing loss. The decision also noted that the Veteran did not have diabetes mellitus or hypertension attributable to military service.

The Board found no chronic right knee, right ankle, or left shoulder disorders in service and denied the Veteran's claims for service connection.

The Veteran's service-connected disabilities, including lumbar disk disease, traumatic arthritis of the left ankle, and complete bony ankylosis of the great left toe, are found to be so severe that they prevent him from securing or following a substantially gainful occupation. The Board grants his claim for TDIU.

The Board denied all of the Veteran's claims, including service connection for back, knee, and ankle disorders as well as a rating in excess of 30 percent for his bilateral hearing loss. The decision found that none of these conditions were related to service or service-connected disabilities.

The Board has remanded the case for further development due to issues with notification and additional evidence is needed, including a VA examination.

The Board denied a higher initial rating for the veteran's service-connected reflex sympathetic dystrophy of the right foot with a history of ankle sprain and microfracture at the talonavicular junction, finding that the evidence did not warrant a rating higher than 30 percent prior to February 8, 2008, or higher than 30 percent thereafter.

The Veteran's appeal is denied as his service-connected left ankle sprain, left shoulder strain, cervical strain, and lumbar strain do not warrant a rating in excess of the currently assigned 10 percent ratings.

The Veteran's claims for effective dates prior to December 13, 1999, for the grant of service connection for a postoperative scar of the left ankle and tinnitus were denied as there was no earlier claim received within one year following separation from service.

The Veteran's left ankle disability has been rated as noncompensable from October 1, 2005 to February 14, 2011 and increased to 10 percent effective February 15, 2011. The right ankle disability was also rated as noncompensable until February 15, 2011 when it was increased to 20 percent.

The Board has determined that further examination and medical opinions are needed to determine the current existence of left knee, ankle, and foot disabilities and their relationship to service. The Veteran's claims for service connection will be remanded to the RO.

The Veteran's claim for a higher rating for his right ankle disability was denied, as the existing 20 percent rating is considered most appropriate given the current range of motion. His claim for service connection for a right knee disability secondary to his right ankle disability was also denied.

The Board has remanded the case due to a hearing notification error, and the Veteran's request for a Travel Board hearing at the RO.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and etiology of his current right foot, left foot, and right ankle strain disabilities.

The Veteran's service-connected disabilities are so disabling as to prevent him from dressing himself and frequently adjusting his special orthopedic appliance without aid, meeting the criteria for SMC based on need for regular aid and attendance.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to conflicting statements regarding when and how the Veteran's left ankle condition began. The case is REMANDED for a VA examination to determine if the Veteran currently has a left ankle disability, whether it was caused or aggravated by his active duty service, and to assign any appropriate rating.

The Board has determined that the Veteran's right ankle disorder is not service-connected, but his right knee disorder and ulcerative colitis are granted.