Ankle decisions — 2012

The Veteran's lumbar spine disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board also granted service connection for a right ankle disorder and a psychiatric disorder (PTSD with major depressive disorder), both secondary to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no new and material evidence to reopen his claim for a back disorder. The other claims were also denied as the Veteran did not have current diagnoses of these conditions.

The Board found that the Veteran's claimed disorders, including headaches, cervical spine disorder, lumbar spine disorder, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder, were not incurred in service. The evidence did not establish continuity of symptomatology after service.

The Board has remanded the case for further development, including obtaining a VA opinion regarding the etiology of the Veteran's left ankle disability and whether it is related to his service-connected lumbar spine disability. The appeal will be returned to the Board after this additional development.

The Board has determined that the Veteran's tinnitus, right ankle disorder, low back disorder, right hip disorder, and right leg disorder are all service-connected. The right foot and big toe disorder is not service-connected.

The Veteran's claims for service connection for an ankle disorder and a low back disorder were not reopened, and his claim for an evaluation in excess of 70 percent for depressive disorder with dementia was denied.

The Veteran's degenerative joint disease of the left ankle is currently rated at 10 percent, but does not meet the criteria for a higher rating as there is no evidence of marked limitation of motion.

The Veteran seeks a certificate of eligibility for specially adaptive housing due to his service-connected disabilities. The Board has determined that an examination is required to determine whether the Veteran's service-connected disabilities alone are so severe as to result in the functional equivalent of loss of use of both lower extremities necessitating the regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion.

The Veteran's hypertension is currently rated at 10 percent, but his service-connected conditions do not warrant a higher rating. The Board finds that the evidence does not support an increase in disability ratings for patellofemoral syndrome of the right knee or left ankle gout.

The Board has determined that further development is needed before a decision can be made on the Veteran's claims for service connection. The claims will be remanded to allow for additional examination and opinion.

The Veteran's neurologic residuals of a left ankle fracture, including neuropathy, are currently rated at 20 percent based on impairment of the superficial peroneal nerve. A separate 10 percent rating is assigned for impairment of the common peroneal nerve.

The Veteran's claim for service connection for right lower extremity injury residuals, including degenerative joint disease of the right ankle and right hip, and right foot drop is being remanded due to inadequate medical examination.

The Board has granted the Veteran's claim of service connection for residuals of a right heel/ankle injury, to include soft tissue damage and a scar involving the right ankle. The issue of entitlement to service connection for residuals of a head injury, to include headaches, is remanded due to the failure to provide a Statement of the Case.

The Board has determined that the Veteran's service-connected right ankle fracture residuals warrant a 20 percent disability rating, as there is no evidence of ankylosis or other exceptional circumstances.

The Board found that the Appellant did not provide credible evidence of a left lower leg or ankle disorder incurred during her reserve component service, and thus denied her claim for service connection.

The Board has ordered additional development to obtain updated VA treatment records and examine the Veteran for his claims of service connection for various joint disabilities. The case is being remanded to ensure compliance with these orders.

The Veteran's appeal is being remanded due to an employment conflict, and his hearing at the RO in Oakland, California needs to be rescheduled.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for various joints and gastrointestinal disorders, as well as hearing loss.

The Board has denied the Veteran's claim for service connection for a right ankle disorder, finding that there is no evidence of continuity of symptomatology and concluding that any current right ankle condition did not begin in service.

The Veteran's service-connected disabilities do not prevent her from securing and maintaining substantially gainful employment.