Ankle decisions — 2011

The Veteran's right ankle disability, which includes a healed fracture and osteoarthritis, is currently rated at 20 percent. The Board found that the current evaluation adequately reflects the severity of his condition.

The Veteran's right shoulder rotator cuff tear was granted an initial 10% evaluation from August 6, 2007 to November 5, 2009. Effective dates for the grants of service connection for right and left ankle disorders are pending.

The Board has determined that a remand is necessary to obtain additional VA medical records and for the Veteran to submit any pertinent VA medical records related to his left foot/ankle surgery. The case will be readjudicated after all development is completed.

The Veteran's appeal is remanded due to incomplete records and the need for additional examinations to determine service connection for various conditions, including Gulf War Syndrome, obesity, joint disorders, psychiatric disorder (PTSD), skin condition, headaches, and high blood pressure.

The Board has determined that the Veteran's right ankle disability began in service and has continued since then, granting service connection.

The Veteran's left ankle disability was found to be manifested by marked limitation of motion, warranting a 20 percent rating prior to April 19, 2011. The appeal is granted for this period.

The Veteran's appeal is remanded to determine if a retrospective medical opinion is necessary and for consideration of assignment of TDIU based on an extraschedular basis for the period prior to October 19, 2005.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and readjudication of his service connection claims.

The Board denied the Veteran's request for an earlier effective date for a 40% rating for his left ankle disability and also denied his claim for TDIU due to service-connected disabilities. The Board found that there was no evidence of entitlement prior to July 1, 2007, and concluded that the Veteran did not meet the criteria for TDIU based on his service-connected disabilities.

The Board has ordered additional development to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA in the Army National Guard. The case is now remanded for further examination and opinion regarding the relationship between the Veteran's current disabilities and his service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the current severity of the Veteran's service-connected disabilities. The Veteran is not granted any initial ratings as his claims are being returned to the RO/AMC for further consideration.

The Board has determined that the Veteran's current left ankle condition is related to his military service, and thus grants service connection for residuals of a left ankle injury. The claim for a left knee disorder remains pending as it was not addressed in this decision.

The Veteran's TDIU claim is being remanded due to the need for a new VA examination and consideration of his current medical condition, including recent hospitalization and diagnosis of lung cancer. The RO will also obtain any relevant private treatment records.

The Board found that new and material evidence has not been received to reopen the claim for service connection for a right ankle disability, and thus the January 2006 RO decision remains final.

The Board has determined that the Veteran's current bilateral foot and ankle disorders are related to his military service, resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's right shoulder and left ankle disabilities were not incurred in or aggravated by service, and thus denied both claims.

The Board denied the Veteran's claims for increased ratings for his service-connected right knee and left knee conditions, as well as his right ankle condition. The RO assigned initial 10 percent ratings under DCs 5260 (limitation of flexion) and 5261 (limitation of extension) for each affected joint.

The Board has determined that the reduction in evaluation from 30 to 20 percent for service-connected lumbar spine degenerative disc disease was improper, and denied all other issues on appeal.

The Veteran's right knee and ankle disabilities have been granted service connection, but the initial ratings assigned are 10 percent for both conditions.

The Veteran's claims of service connection for various conditions have been denied. The Board found that new evidence was submitted to reopen some claims, but the preponderance of the evidence did not support a finding of service connection for any condition.