Ankle decisions — 2012

The Board has determined that the Veteran's claims for service connection for bilateral foot and ankle disorders need further development, including obtaining additional VA examination reports and addressing whether his current disabilities are related to active service. The TDIU claim is also remanded.

The Veteran's service-connected disabilities, including bilateral hearing loss and tinnitus, have rendered him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience. The Board has resolved all reasonable doubt in favor of the claimant.

The Board denied the appellant's claims for service connection for right ankle, left wrist, and right wrist disabilities. The initial evaluations for TMJ dysfunction were also denied.

The Board denied the Veteran's claims for service connection for aching joints, finding that his current condition is not related to his military service.

The Veteran's right ankle disorder has been rated at 10 percent since July 2009, with no changes in the rating until May 4, 2010. From May 4, 2010 to May 31, 2011 (except for a period of temporary total disability), the Veteran's right ankle disorder was rated at 20 percent. Since June 1, 2011, the rating has been reduced back to 10 percent.

The Board has determined that the Veteran's right ankle strain is proximately due to or caused by his service-connected low back disability, and thus grants service connection for this condition.

The Veteran's right ankle disability was rated at 30 percent prior to October 17, 2011 and at 40 percent from that date onwards.

The Veteran's claims for service connection and compensation under the provision of 38 U.S.C.A. § 1151 were granted, with the exception that his claim for cervical strain was denied.

The Board denied the Veteran's claims for increased disability evaluation, service connection for a lumbar spine disorder, residuals of a head injury, and left ankle disorder with skin irritation. The issues were not about service connection due to exposure to Agent Orange or other herbicides.

The Veteran's claim for a temporary total evaluation (TTE) due to surgery performed by VA on January 4, 2007 was denied as she failed to report for the scheduled VA examination without good cause.

The Board denied service connection for various conditions, including a herniated disc of the lumbar spine and left sciatic nerve damage, as secondary to service-connected disabilities. The Veteran's skin disorders were not found to be related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of her right knee and right ankle disabilities.

The Veteran's initial ratings for postoperative residuals of right ankle fracture, left scapula fracture, and thoracic spine fracture were granted. However, the Veteran was denied higher initial ratings for postoperative residuals of right tibial fracture and left chest pneumothorax contusion with scar.,The Veteran's right ankle fracture residuals are currently rated at 20% as of October 21, 2010.

The Veteran's service-connected bilateral hearing loss disability is not shown to be productive of no worse than a Level I designation in the right ear and a Level I designation on the left, warranting a noncompensable evaluation.,The Veteran's service-connected left ankle fracture residuals are manifested by marked limitation of motion due to pain, warranting an increased rating of 20 percent.

The Veteran's appeal is being remanded for a travel board hearing before a Veterans Law Judge at the Columbia RO. The issues of entitlement to service connection and a rating for his right ankle disorder, PTSD, and left shoulder subluxation are pending.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and consideration of his claims.

The Veteran's left ankle disability is rated at 20 percent, the highest schedular rating available under Diagnostic Code 5271 for marked limitation of motion. The Board finds that the evidence supports a finding that the Veteran's left ankle disability more closely approximates marked limitation of motion or limitation of function due to symptoms such as pain and stiffness.

The Board has decided that the Veteran's claim for service connection for a right ankle disability is remanded due to failure to appear at scheduled VA examination and unclear etiology of his current right ankle disability.

The Board has granted service connection for right foot and ankle disability, finding that the Veteran's current disability is at least as likely as not attributable to documented in-service injuries. The claims for heart disability and psychiatric disability are addressed in the REMAND portion of this decision.

The Veteran's claim for an increased rating for residuals of fracture, 2nd and 3rd metatarsals, left foot was denied. The claim for a separate 20 percent rating for marked limitation of motion of the left ankle joint is granted.